TMI Blog1985 (10) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... ax 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 of paddy from registered dealers and unregistered dealers and when taxable purchases from unregistered dealer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sistant 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 out that full particulars of the purchases made from the registered as well as unregistered dealers had been shown ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 under section 43 of the Act is correctly applied by the Tribunal in the present case and the conclusion reached by it is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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