https://www.taxtmi.com/caselaws?id=258543 Revisional jurisdiction over a discretionary decision not to impose tax penalty is confined to orders that are erroneous and prejudicial to revenue; a mere change of opinion cannot justify interference. Penalty proceedings with civil consequences require lawful notice and a reasonable opportunity of hearing, and cannot be pursued under a provision different from that invoked initially. Penalty is discretionary rather than automatic and was unwarranted where transactions were disclosed, accounts maintained, and a higher exemption claim reflected a bona fide interpretation rather than deliberate tax evasion. Revision within five years from the order sought to be revised was timely; communication date did not govern limitation. en-us Fri, 27 Feb 2015 00:00:00 +0530 Sun, 12 Apr 2015 12:52:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=258543 Revisional jurisdiction over a discretionary decision not to impose tax penalty is confined to orders that are erroneous and prejudicial to revenue; a mere change of opinion cannot justify interference. Penalty proceedings with civil consequences require lawful notice and a reasonable opportunity of hearing, and cannot be pursued under a provision different from that invoked initially. Penalty is discretionary rather than automatic and was unwarranted where transactions were disclosed, accounts maintained, and a higher exemption claim reflected a bona fide interpretation rather than deliberate tax evasion. Revision within five years from the order sought to be revised was timely; communication date did not govern limitation. Case-Laws VAT and Sales Tax Fri, 27 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=258543