https://www.taxtmi.com/caselaws?id=163625 Penalty for failure to deduct tax was held unsustainable where the underlying transaction was genuinely debatable and the dealer acted under a bona fide belief that it was a sale, not a works contract. The Tribunal found that the body had been purchased and mounted on the chassis, and treated the nature of the transaction as highly contentious. In the absence of deliberate or wilful defiance, and given the quasi-criminal character of penalty proceedings, mens rea-like culpability was not established. The penalty deletion was therefore affirmed and the revisions were rejected. en-us Tue, 09 Oct 2007 00:00:00 +0530 Sun, 21 Dec 2014 21:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163625 Penalty for failure to deduct tax was held unsustainable where the underlying transaction was genuinely debatable and the dealer acted under a bona fide belief that it was a sale, not a works contract. The Tribunal found that the body had been purchased and mounted on the chassis, and treated the nature of the transaction as highly contentious. In the absence of deliberate or wilful defiance, and given the quasi-criminal character of penalty proceedings, mens rea-like culpability was not established. The penalty deletion was therefore affirmed and the revisions were rejected. Case-Laws VAT and Sales Tax Tue, 09 Oct 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163625