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    <title>2004 (8) TMI 675 - KARNATAKA HIGH COURT</title>
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    <description>A dealer&#039;s penalty under section 12B(3) of the Karnataka Sales Tax Act was justified where advance tax fell short and cheques were repeatedly issued without sufficient funds, because deliberate non-compliance could attract civil penalty even without mens rea. Financial hardship did not warrant deletion of the penalty absent material showing a genuine and reasonable cause for repeated default, especially where payment was made only after coercive recovery steps. The existence of a separate penalty under section 13(2) did not bar action under section 12B(3), as the two provisions operated in different fields. The Tribunal&#039;s interference with the reduced penalty was therefore unsustainable.</description>
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    <pubDate>Thu, 12 Aug 2004 00:00:00 +0530</pubDate>
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      <title>2004 (8) TMI 675 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=163477</link>
      <description>A dealer&#039;s penalty under section 12B(3) of the Karnataka Sales Tax Act was justified where advance tax fell short and cheques were repeatedly issued without sufficient funds, because deliberate non-compliance could attract civil penalty even without mens rea. Financial hardship did not warrant deletion of the penalty absent material showing a genuine and reasonable cause for repeated default, especially where payment was made only after coercive recovery steps. The existence of a separate penalty under section 13(2) did not bar action under section 12B(3), as the two provisions operated in different fields. The Tribunal&#039;s interference with the reduced penalty was therefore unsustainable.</description>
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      <pubDate>Thu, 12 Aug 2004 00:00:00 +0530</pubDate>
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