https://www.taxtmi.com/caselaws?id=156490 Penalty under section 43(1) of the M.P. General Sales Tax Act, 1958 required deliberate concealment of turnover or a false return, and therefore a finding of guilty intention. On the stated facts, the Tribunal recorded no finding of mens rea, and the assessee's omission to separately include collected sales tax in the returned turnover was explained as a bona fide belief that it need not form part of the sale price. In the absence of the necessary guilty mind, penalty was not exigible for the 1961 assessment period, and the reference was answered in favour of the assessee. en-us Wed, 16 Aug 1989 00:00:00 +0530 Fri, 20 Sep 2013 16:49:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156490 Penalty under section 43(1) of the M.P. General Sales Tax Act, 1958 required deliberate concealment of turnover or a false return, and therefore a finding of guilty intention. On the stated facts, the Tribunal recorded no finding of mens rea, and the assessee's omission to separately include collected sales tax in the returned turnover was explained as a bona fide belief that it need not form part of the sale price. In the absence of the necessary guilty mind, penalty was not exigible for the 1961 assessment period, and the reference was answered in favour of the assessee. Case-Laws VAT and Sales Tax Wed, 16 Aug 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156490