https://www.taxtmi.com/caselaws?id=57898 Discretion to remit penalty under Section 36(3) of the Bombay Sales Tax Act, 1959 was to be exercised by treating excess tax payment, uncertainty over inclusion of deposits in turnover, and connected refund amounts as relevant mitigating factors. The penalty operated as compensation for revenue loss, so prior excess payment and unresolved taxability issues justified reduction for the first two periods. However, ordinary commercial difficulty, alleged credit squeeze, and unproved financial strain were insufficient without exceptional circumstances, so no further remission was warranted for the third period. en-us Fri, 25 Feb 1977 00:00:00 +0530 Sat, 02 Jan 2016 11:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=57898 Discretion to remit penalty under Section 36(3) of the Bombay Sales Tax Act, 1959 was to be exercised by treating excess tax payment, uncertainty over inclusion of deposits in turnover, and connected refund amounts as relevant mitigating factors. The penalty operated as compensation for revenue loss, so prior excess payment and unresolved taxability issues justified reduction for the first two periods. However, ordinary commercial difficulty, alleged credit squeeze, and unproved financial strain were insufficient without exceptional circumstances, so no further remission was warranted for the third period. Case-Laws VAT and Sales Tax Fri, 25 Feb 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=57898