https://www.taxtmi.com/caselaws?id=158622 Penalty under the Tamil Nadu General Sales Tax Act was held unwarranted where non-disclosure of turnover from REP licence sales arose from a bona fide belief that the receipts were not taxable. The Court reiterated that tax penalty is not automatic on every omission and, given its quasi-criminal character, requires deliberate defiance, contumacious conduct, dishonest intent, or conscious disregard of statutory duty. As the taxability of REP licence turnover had been subject to genuine legal uncertainty and the assessee's explanation was accepted, the deletion of penalty was upheld. en-us Wed, 15 Apr 2009 00:00:00 +0530 Tue, 11 Nov 2014 11:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=158622 Penalty under the Tamil Nadu General Sales Tax Act was held unwarranted where non-disclosure of turnover from REP licence sales arose from a bona fide belief that the receipts were not taxable. The Court reiterated that tax penalty is not automatic on every omission and, given its quasi-criminal character, requires deliberate defiance, contumacious conduct, dishonest intent, or conscious disregard of statutory duty. As the taxability of REP licence turnover had been subject to genuine legal uncertainty and the assessee's explanation was accepted, the deletion of penalty was upheld. Case-Laws VAT and Sales Tax Wed, 15 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=158622