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    <title>2022 (2) TMI 728 - RAJASTHAN HIGH COURT</title>
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    <description>Penalty under Section 61 of the Rajasthan Value Added Tax Act, 2003 was held to apply where the dealer used fake and forged Form-C declarations to suppress transactions and furnish inaccurate particulars. The court treated this conduct as active concealment and deliberate misinformation, not a mere technical lapse, and held that bona fide reliance on genuine forms was not shown. It also applied the settled principle that penalty under this provision is civil in nature and does not require proof of mens rea once the statutory contravention is established. The Tax Board&#039;s deletion of the penalty was set aside and the assessing authority&#039;s penalty order was restored.</description>
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    <pubDate>Mon, 14 Feb 2022 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=418477</link>
      <description>Penalty under Section 61 of the Rajasthan Value Added Tax Act, 2003 was held to apply where the dealer used fake and forged Form-C declarations to suppress transactions and furnish inaccurate particulars. The court treated this conduct as active concealment and deliberate misinformation, not a mere technical lapse, and held that bona fide reliance on genuine forms was not shown. It also applied the settled principle that penalty under this provision is civil in nature and does not require proof of mens rea once the statutory contravention is established. The Tax Board&#039;s deletion of the penalty was set aside and the assessing authority&#039;s penalty order was restored.</description>
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      <pubDate>Mon, 14 Feb 2022 00:00:00 +0530</pubDate>
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