https://www.taxtmi.com/caselaws?id=159499 Tax collected under a bona fide and mutually shared mistake as to the applicable rate and point of levy does not amount to a penal violation. The dealer had collected sales tax at 4 per cent multi-point in line with the then-prevailing understanding, and the department shared that view; the later position that the sales were taxable at 8 per cent single point showed only a mutual error on taxability. On that basis, penalty under section 22(1) could not be sustained, and the consequential penalty under section 22(2) also failed. The Revenue's revision was therefore unsuccessful. en-us Wed, 21 Aug 1991 00:00:00 +0530 Tue, 26 Nov 2013 14:30:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159499 Tax collected under a bona fide and mutually shared mistake as to the applicable rate and point of levy does not amount to a penal violation. The dealer had collected sales tax at 4 per cent multi-point in line with the then-prevailing understanding, and the department shared that view; the later position that the sales were taxable at 8 per cent single point showed only a mutual error on taxability. On that basis, penalty under section 22(1) could not be sustained, and the consequential penalty under section 22(2) also failed. The Revenue's revision was therefore unsuccessful. Case-Laws VAT and Sales Tax Wed, 21 Aug 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159499