1985 (10) TMI 265

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....nder section 44(1) of the M.P. General Sales Tax Act, 1958 is at the instance of the Commissioner of Sales Tax to decide the following question of law, viz.: "Whether in the facts and circumstances of the case, the Tribunal was justified in setting aside the penalty imposed under section 43 of the M.P. General Sales Tax Act, 1958 when the dealer maintained separate goods accounts for purchases ....

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.... 43 of the Act, a penalty of Rs. 2,000 was imposed.   3.. The dealer filed an appeal before the Appellate Assistant Commissioner who rejected it. The second appeal to the Tribunal, however, was allowed and the penalty has been set aside. The Tribunal has held that the explanation given by the dealer was quite plausible and no case for imposition of penalty was made out. It has been pointed....

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....f section 43 unless there is an element of deliberateness in it, and where the assessee does not include a particular item in the taxable turnover under a bona fide belief that he is not liable so to include it, it would not be right to condemn the return as a "false" return inviting imposition of penalty. 5.. Thus the test indicated by the Supreme Court for justifying imposition of penalty und....