Tax Evasion Penalties Demand Detailed Proof of Intent, Not Just "Mens Rea" Claims by Authorities.

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....Levy of penalty - mens rea in evasion of tax - It is well settled that by merely using the expression “mens rea”, it would not amount to concluding that there was a willful attempt on the part of the dealer to evade the payment of tax. The concerned authority or the First Appellate Authority, is required to record the reasons in writing as to how and in what manner mens rea was established. - HC....