https://www.taxtmi.com/caselaws?id=156582 Penalty under section 16(1)(e) of the Rajasthan Sales Tax Act, 1954 requires concealment of particulars or deliberate furnishing of inaccurate particulars, so a merely incorrect return is not enough without conscious mens rea. Where the assessee had recorded the transactions in its books, had not collected tax, and revised the return after inspection on a bona fide view that the transaction was not taxable, the conduct pointed to a genuine mistake or dispute on taxability rather than deliberate concealment. The penalty power is discretionary and should not be used merely because it is legally available. en-us Wed, 25 Mar 1992 00:00:00 +0530 Sat, 21 Sep 2013 17:51:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156582 Penalty under section 16(1)(e) of the Rajasthan Sales Tax Act, 1954 requires concealment of particulars or deliberate furnishing of inaccurate particulars, so a merely incorrect return is not enough without conscious mens rea. Where the assessee had recorded the transactions in its books, had not collected tax, and revised the return after inspection on a bona fide view that the transaction was not taxable, the conduct pointed to a genuine mistake or dispute on taxability rather than deliberate concealment. The penalty power is discretionary and should not be used merely because it is legally available. Case-Laws VAT and Sales Tax Wed, 25 Mar 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156582