https://www.taxtmi.com/caselaws?id=163718 Penalty under section 76 of the West Bengal Sales Tax Act, 1994 was considered in a case where imported purchases were wrongly treated as local purchases on a bona fide belief and exemption was sought under a provision that had already been omitted. The dealer had disclosed the transactions in its accounts, had applied for exemption before the true nature of the purchases was detected, and had not collected tax on the disputed amount. The tribunal noted that tax penalty requires proof of mala fide intention to evade tax, and that the presumption of bona fide mistake was not rebutted. Penalty was therefore unsustainable and the penalty order was liable to be set aside. en-us Wed, 15 Nov 2006 00:00:00 +0530 Tue, 08 Apr 2014 12:00:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163718 Penalty under section 76 of the West Bengal Sales Tax Act, 1994 was considered in a case where imported purchases were wrongly treated as local purchases on a bona fide belief and exemption was sought under a provision that had already been omitted. The dealer had disclosed the transactions in its accounts, had applied for exemption before the true nature of the purchases was detected, and had not collected tax on the disputed amount. The tribunal noted that tax penalty requires proof of mala fide intention to evade tax, and that the presumption of bona fide mistake was not rebutted. Penalty was therefore unsustainable and the penalty order was liable to be set aside. Case-Laws VAT and Sales Tax Wed, 15 Nov 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163718