https://www.taxtmi.com/caselaws?id=383442 Penalty under the U.P. Trade Tax Act was held unsustainable where the only default was non-submission of the required form and the transactions were otherwise fully reflected in the books of account. The HC held that penalty for breach of a statutory obligation is not automatic and requires some deliberate defiance, contumacious conduct, dishonest intention, or conscious disregard of the law. On the admitted facts, the revenue failed to establish any intention to evade tax, so the breach was treated as merely technical and venial. The penalty order and its affirmance by the Tribunal were set aside. en-us Tue, 16 Jul 2019 00:00:00 +0530 Tue, 23 Jul 2019 13:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=383442 Penalty under the U.P. Trade Tax Act was held unsustainable where the only default was non-submission of the required form and the transactions were otherwise fully reflected in the books of account. The HC held that penalty for breach of a statutory obligation is not automatic and requires some deliberate defiance, contumacious conduct, dishonest intention, or conscious disregard of the law. On the admitted facts, the revenue failed to establish any intention to evade tax, so the breach was treated as merely technical and venial. The penalty order and its affirmance by the Tribunal were set aside. Case-Laws VAT and Sales Tax Tue, 16 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=383442