https://www.taxtmi.com/caselaws?id=163605 Penalty under section 16(9) of the Bihar Finance Act, 1981 is a quasi-judicial consequence and is ordinarily attracted only where the default reflects dishonesty, wilful defiance, or conscious disregard of the statutory duty. On the facts recorded, there was no material to show mens rea or deliberate default in delaying payment of admitted tax, and the conduct could not be treated as wilful evasion. The penalty was therefore not sustainable and was set aside in favour of the assessee. en-us Wed, 01 Aug 2007 00:00:00 +0530 Sat, 05 Apr 2014 18:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163605 Penalty under section 16(9) of the Bihar Finance Act, 1981 is a quasi-judicial consequence and is ordinarily attracted only where the default reflects dishonesty, wilful defiance, or conscious disregard of the statutory duty. On the facts recorded, there was no material to show mens rea or deliberate default in delaying payment of admitted tax, and the conduct could not be treated as wilful evasion. The penalty was therefore not sustainable and was set aside in favour of the assessee. Case-Laws VAT and Sales Tax Wed, 01 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163605