https://www.taxtmi.com/caselaws?id=160861 Penalty under section 45A(1)(d) of the Kerala General Sales Tax Act was unavailable where the assessee had disclosed the full turnover in the returns and claimed exemption on a bona fide basis supported by then prevailing legal position. The later change in law, and payment of tax before assessment, did not make the original returns false or incorrect. As penalty provisions are strictly construed, the essential element for invoking penal liability was absent because there was no suppression of turnover or deliberate attempt to evade tax. The penalty was therefore held not exigible, and restoration of the penalty was unsustainable. en-us Fri, 01 Feb 2002 00:00:00 +0530 Wed, 25 Dec 2013 17:00:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160861 Penalty under section 45A(1)(d) of the Kerala General Sales Tax Act was unavailable where the assessee had disclosed the full turnover in the returns and claimed exemption on a bona fide basis supported by then prevailing legal position. The later change in law, and payment of tax before assessment, did not make the original returns false or incorrect. As penalty provisions are strictly construed, the essential element for invoking penal liability was absent because there was no suppression of turnover or deliberate attempt to evade tax. The penalty was therefore held not exigible, and restoration of the penalty was unsustainable. Case-Laws VAT and Sales Tax Fri, 01 Feb 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160861