https://www.taxtmi.com/caselaws?id=158605 Penalties for failure to deposit advance tax under the Karnataka Sales Tax Act, 1957 and the Central Sales Tax Act, 1956 were held unsustainable where the default arose from business and financial , delayed realisation of sale proceeds, prolonged power cuts, and a pending refund claim. The Tribunal's findings showed no dishonest intention, contumacious conduct, or conscious disregard of the statutory duty. Applying the settled principle that penalty proceedings are quasi-criminal and require more than a mere technical breach, the court noted that authorities must exercise discretion reasonably and consider relevant refundable amounts before imposing penal consequences. The penalties were therefore set aside in favour of the assessee. en-us Mon, 23 Jun 1997 00:00:00 +0530 Fri, 01 Nov 2013 15:26:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=158605 Penalties for failure to deposit advance tax under the Karnataka Sales Tax Act, 1957 and the Central Sales Tax Act, 1956 were held unsustainable where the default arose from business and financial , delayed realisation of sale proceeds, prolonged power cuts, and a pending refund claim. The Tribunal's findings showed no dishonest intention, contumacious conduct, or conscious disregard of the statutory duty. Applying the settled principle that penalty proceedings are quasi-criminal and require more than a mere technical breach, the court noted that authorities must exercise discretion reasonably and consider relevant refundable amounts before imposing penal consequences. The penalties were therefore set aside in favour of the assessee. Case-Laws VAT and Sales Tax Mon, 23 Jun 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=158605