https://www.taxtmi.com/caselaws?id=247718 Penalty for collecting and retaining tax was leviable where the assessee's turnover was below the statutory threshold, but it had still collected tax from buyers and failed to refund it after becoming aware that no tax was payable. The court distinguished cases involving collection at the department's instance or remittance to the State without the same statutory mischief, and held that those authorities did not apply on these facts. Mere remittance before assessment did not cure the earlier contravention, because the assessee showed no bona fides or prompt refund. The revision was therefore rejected and penalty sustained. en-us Fri, 10 Jun 2011 00:00:00 +0530 Sat, 04 Oct 2014 11:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=247718 Penalty for collecting and retaining tax was leviable where the assessee's turnover was below the statutory threshold, but it had still collected tax from buyers and failed to refund it after becoming aware that no tax was payable. The court distinguished cases involving collection at the department's instance or remittance to the State without the same statutory mischief, and held that those authorities did not apply on these facts. Mere remittance before assessment did not cure the earlier contravention, because the assessee showed no bona fides or prompt refund. The revision was therefore rejected and penalty sustained. Case-Laws VAT and Sales Tax Fri, 10 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=247718