https://www.taxtmi.com/caselaws?id=159369 A bona fide omission in a return, where the omitted turnover was already reflected in the accounts and was voluntarily brought to the assessing authority's notice before assessment was completed, does not justify penalty for suppression. The factual finding that the error was inadvertent rather than deliberate or wilful is decisive, and cooperation in finalising the assessment supports that conclusion. Even if mens rea is not generally required under the penalty provision, no suppression can be inferred on these facts where the mistake was corrected before final assessment. The Tribunal's cancellation of penalty was therefore upheld. en-us Wed, 12 Feb 1997 00:00:00 +0530 Fri, 22 Nov 2013 16:45:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159369 A bona fide omission in a return, where the omitted turnover was already reflected in the accounts and was voluntarily brought to the assessing authority's notice before assessment was completed, does not justify penalty for suppression. The factual finding that the error was inadvertent rather than deliberate or wilful is decisive, and cooperation in finalising the assessment supports that conclusion. Even if mens rea is not generally required under the penalty provision, no suppression can be inferred on these facts where the mistake was corrected before final assessment. The Tribunal's cancellation of penalty was therefore upheld. Case-Laws VAT and Sales Tax Wed, 12 Feb 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159369