<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2014 (2) TMI 1138 - MADHYA PRADESH HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=168986</link>
    <description>The exemption notification under section 17 was construed strictly and did not extend to de-oiled cake, oil-cake or soyameal because the tariff schedule separately classified those goods from cattle feed and poultry feed; the tax demand was therefore sustained. On penalty, the document states that quasi-judicial penalty orders must be reasoned and based on proper application of mind and relevant circumstances, and that maximum penalty cannot be imposed without such adjudication; the penalty orders were set aside and remitted for fresh decision in accordance with law. The stated ratio is that exemption notifications require strict compliance with eligibility conditions, while penalty provisions must be decided through a reasoned process consistent with natural justice.</description>
    <language>en-us</language>
    <pubDate>Mon, 03 Feb 2014 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 06 Apr 2015 20:30:17 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=380706" rel="self" type="application/rss+xml"/>
    <item>
      <title>2014 (2) TMI 1138 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=168986</link>
      <description>The exemption notification under section 17 was construed strictly and did not extend to de-oiled cake, oil-cake or soyameal because the tariff schedule separately classified those goods from cattle feed and poultry feed; the tax demand was therefore sustained. On penalty, the document states that quasi-judicial penalty orders must be reasoned and based on proper application of mind and relevant circumstances, and that maximum penalty cannot be imposed without such adjudication; the penalty orders were set aside and remitted for fresh decision in accordance with law. The stated ratio is that exemption notifications require strict compliance with eligibility conditions, while penalty provisions must be decided through a reasoned process consistent with natural justice.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Mon, 03 Feb 2014 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=168986</guid>
    </item>
  </channel>
</rss>