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    <title>1977 (4) TMI 48 - BOMBAY HIGH COURT</title>
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    <description>Penalty under Section 36(2)(c) of the Bombay Sales Tax Act, 1959 was held inapplicable where the assessee disclosed turnover as sales in the course of import on the basis of an existing Supreme Court view. The court noted that the legal position on the character of such sales was still evolving and had not been finally settled by later decisions during the relevant period. On those facts, the incorrect claim was not treated as concealment, deliberate furnishing of inaccurate particulars, or gross or wilful neglect, so the penalty provision was not attracted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=57901</link>
      <description>Penalty under Section 36(2)(c) of the Bombay Sales Tax Act, 1959 was held inapplicable where the assessee disclosed turnover as sales in the course of import on the basis of an existing Supreme Court view. The court noted that the legal position on the character of such sales was still evolving and had not been finally settled by later decisions during the relevant period. On those facts, the incorrect claim was not treated as concealment, deliberate furnishing of inaccurate particulars, or gross or wilful neglect, so the penalty provision was not attracted.</description>
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      <pubDate>Tue, 05 Apr 1977 00:00:00 +0530</pubDate>
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