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    <title>2021 (2) TMI 6 - CESTAT BANGALORE</title>
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    <description>Personal penalty under Section 78A of the Finance Act, 1994 requires material showing deliberate, dishonest, or contumacious conduct by the officer concerned. Although the company&#039;s tax demand had already been settled under the Sabka Vishwas scheme, the individual penalties on the Managing Director and Chief Financial Officer were examined on merits. The record contained no evidence of conscious disregard of statutory duty or deliberate violation, and negligence alone was insufficient to sustain personal penalty. On that basis, the penalties were held unjustified and set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=403514</link>
      <description>Personal penalty under Section 78A of the Finance Act, 1994 requires material showing deliberate, dishonest, or contumacious conduct by the officer concerned. Although the company&#039;s tax demand had already been settled under the Sabka Vishwas scheme, the individual penalties on the Managing Director and Chief Financial Officer were examined on merits. The record contained no evidence of conscious disregard of statutory duty or deliberate violation, and negligence alone was insufficient to sustain personal penalty. On that basis, the penalties were held unjustified and set aside.</description>
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      <pubDate>Fri, 29 Jan 2021 00:00:00 +0530</pubDate>
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