https://www.taxtmi.com/caselaws?id=170455 Penalty under the Gujarat Sales Tax Act for the pre-Yasha Overseas period was held unsustainable where the assessee had paid the tax and interest and had acted under a bona fide belief that the exported goods were exempt. The Court found no deliberate defiance of law, contumacious conduct, dishonest intention, or conscious disregard of a statutory duty, noting that the transactions were recorded in the accounts. Because penalty proceedings are quasi-criminal and are not automatic on a technical breach or bona fide mistake, the penalty could not be imposed and was liable to be refunded. en-us Fri, 06 Jul 2012 00:00:00 +0530 Wed, 27 May 2015 11:33:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170455 Penalty under the Gujarat Sales Tax Act for the pre-Yasha Overseas period was held unsustainable where the assessee had paid the tax and interest and had acted under a bona fide belief that the exported goods were exempt. The Court found no deliberate defiance of law, contumacious conduct, dishonest intention, or conscious disregard of a statutory duty, noting that the transactions were recorded in the accounts. Because penalty proceedings are quasi-criminal and are not automatic on a technical breach or bona fide mistake, the penalty could not be imposed and was liable to be refunded. Case-Laws VAT and Sales Tax Fri, 06 Jul 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170455