https://www.taxtmi.com/caselaws?id=163031 Penalty and interest under the return-compliance provisions were considered in the context of non-payment of tax while an assessee's deferment eligibility under an incentive scheme was under challenge. The decisive factor was whether the default was without sufficient cause: the assessee had not paid tax because the eligibility certificate was pending, and it was later granted retrospectively for the same period. On that footing, the non-payment was treated as bona fide and not wilful or deliberate, so levy of penalty and interest was not justified where the tax position depended on a retrospective determination of entitlement. en-us Tue, 22 Jan 2008 00:00:00 +0530 Mon, 15 Dec 2014 12:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163031 Penalty and interest under the return-compliance provisions were considered in the context of non-payment of tax while an assessee's deferment eligibility under an incentive scheme was under challenge. The decisive factor was whether the default was without sufficient cause: the assessee had not paid tax because the eligibility certificate was pending, and it was later granted retrospectively for the same period. On that footing, the non-payment was treated as bona fide and not wilful or deliberate, so levy of penalty and interest was not justified where the tax position depended on a retrospective determination of entitlement. Case-Laws VAT and Sales Tax Tue, 22 Jan 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163031