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    <title>2020 (9) TMI 647 - MADRAS HIGH COURT</title>
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    <description>Penalty under the Entry Tax Act for non-payment of entry tax was not justified where imported vehicles were brought in during a period when the prevailing legal position supported non-payment and the tax was paid immediately once the omission was pointed out. The court treated the default as arising from a bona fide belief under a doubtful legal position, not from deliberate defiance, conscious disregard, or contumacious conduct. It reiterated that penalty is discretionary and not automatic, and that penal action is inappropriate for a technical or venial breach absent dishonest intention. The penalty notice was therefore set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=398528</link>
      <description>Penalty under the Entry Tax Act for non-payment of entry tax was not justified where imported vehicles were brought in during a period when the prevailing legal position supported non-payment and the tax was paid immediately once the omission was pointed out. The court treated the default as arising from a bona fide belief under a doubtful legal position, not from deliberate defiance, conscious disregard, or contumacious conduct. It reiterated that penalty is discretionary and not automatic, and that penal action is inappropriate for a technical or venial breach absent dishonest intention. The penalty notice was therefore set aside.</description>
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