https://www.taxtmi.com/caselaws?id=305993 Penalty for a statutory default is discretionary and cannot be sustained for a merely technical or venial breach absent deliberate or contumacious conduct. Where the TDS amount with interest was deposited before penalty proceedings and the revenue suffered no loss, penalty under Section 8 D(6) of the UP Trade Tax Act was held unjustified. The Tribunal was also found unjustified in ignoring the earlier remand direction requiring reconsideration on the effect of payment with interest and absence of revenue loss. The revision was allowed and the penalty order set aside. en-us Thu, 24 Feb 2022 00:00:00 +0530 Tue, 03 Jan 2023 21:14:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305993 Penalty for a statutory default is discretionary and cannot be sustained for a merely technical or venial breach absent deliberate or contumacious conduct. Where the TDS amount with interest was deposited before penalty proceedings and the revenue suffered no loss, penalty under Section 8 D(6) of the UP Trade Tax Act was held unjustified. The Tribunal was also found unjustified in ignoring the earlier remand direction requiring reconsideration on the effect of payment with interest and absence of revenue loss. The revision was allowed and the penalty order set aside. Case-Laws VAT and Sales Tax Thu, 24 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305993