https://www.taxtmi.com/caselaws?id=162505 Penalty or other fiscal exaction cannot be retained without a specific statutory basis and compliance with the prescribed procedure. A notice initially issued under section 29 of the Karnataka Sales Tax Act, 1957 was accepted as mistaken, and an alleged undertaking by the petitioner could not substitute for statutory authority. Because no proper action was taken under the correct enabling provision, including quantification under section 28A(4), the retention of the amount was unlawful and refund was directed, with liberty to proceed in accordance with law if any breach of the Act was established. en-us Fri, 19 Jan 2007 00:00:00 +0530 Fri, 28 Feb 2014 16:29:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162505 Penalty or other fiscal exaction cannot be retained without a specific statutory basis and compliance with the prescribed procedure. A notice initially issued under section 29 of the Karnataka Sales Tax Act, 1957 was accepted as mistaken, and an alleged undertaking by the petitioner could not substitute for statutory authority. Because no proper action was taken under the correct enabling provision, including quantification under section 28A(4), the retention of the amount was unlawful and refund was directed, with liberty to proceed in accordance with law if any breach of the Act was established. Case-Laws VAT and Sales Tax Fri, 19 Jan 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162505