https://www.taxtmi.com/caselaws?id=307350 Penalty under Section 10(2) of the Odisha Entry Tax Act, 1999 was held unjustified where the dealer did not pay entry tax on imported goods under a bona fide impression that the tax was not payable. The Court noted that the legal position on levy of entry tax had been settled only later, and Section 10(2) permits penalty only when escapement or under-assessment occurs without reasonable cause. As the record disclosed no wilful or deliberate default, the penalty jurisdiction could not be validly exercised, and the penalty was held not sustainable in favour of the assessee. en-us Tue, 06 Dec 2022 00:00:00 +0530 Fri, 07 Apr 2023 08:40:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307350 Penalty under Section 10(2) of the Odisha Entry Tax Act, 1999 was held unjustified where the dealer did not pay entry tax on imported goods under a bona fide impression that the tax was not payable. The Court noted that the legal position on levy of entry tax had been settled only later, and Section 10(2) permits penalty only when escapement or under-assessment occurs without reasonable cause. As the record disclosed no wilful or deliberate default, the penalty jurisdiction could not be validly exercised, and the penalty was held not sustainable in favour of the assessee. Case-Laws VAT and Sales Tax Tue, 06 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307350