https://www.taxtmi.com/caselaws?id=257241 Penalty under the Kerala General Sales Tax Act was held unsustainable where the assessee disclosed the full turnover in its return and claimed exemption on a bona fide understanding of the law governing brand-name sales. The court noted that the legal position on which of two permitted users would be treated as the brand-name holder had remained unsettled when the return was filed, and that penalty requires deliberate defiance, contumacious conduct, dishonest intent, or conscious disregard of statutory duty. A mere exemption claim, later examined in assessment, was not enough to establish an untrue return or evasion. The penalty order was therefore set aside. en-us Wed, 17 Dec 2014 00:00:00 +0530 Tue, 20 Oct 2015 10:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=257241 Penalty under the Kerala General Sales Tax Act was held unsustainable where the assessee disclosed the full turnover in its return and claimed exemption on a bona fide understanding of the law governing brand-name sales. The court noted that the legal position on which of two permitted users would be treated as the brand-name holder had remained unsettled when the return was filed, and that penalty requires deliberate defiance, contumacious conduct, dishonest intent, or conscious disregard of statutory duty. A mere exemption claim, later examined in assessment, was not enough to establish an untrue return or evasion. The penalty order was therefore set aside. Case-Laws VAT and Sales Tax Wed, 17 Dec 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=257241