TMI Blog1992 (3) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... ee, which has been shown as tax-free in the return. The assessee has submitted the revised return on 24th January, 1989 and has also deposited the tax. The assessing authority considered that this return has not been submitted within the time stipulated under section 7(3) of the Act and, therefore, held that the assessee has committed offence by not disclosing the turnover as taxable in the return and as such levied penalty under section 16(1)(e) of the Act. An appeal was preferred to the Deputy Commissioner (Appeals) which was rejected and thereafter second appeal was preferred to the Sales Tax Tribunal. Before the Sales Tax Tribunal, it was contended that the assessee is dealing in Indian made foreign liquor (IMFL) and this foreign liquor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars in the return or showing inaccurate particulars in the return, must be with deliberate intention. The word "concealment" referred in the first part also implies the mental element of assessee for the purpose of committing the offence and if there is no mental element then simply because the particulars in the return have not correctly been shown, it cannot be said that the offence has been committed. Similarly "deliberately furnishing of inaccurate particulars" also refers to the mental state of assessee, in which it could be said that the act has been done deliberately. There may be instances where because of ignorance of law or on improper understanding of law or on wrong interpretation of law, the assessee may not consider that part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was bona fide dispute in his mind. Besides this, this Court has taken a view in the case of Sojat Lime Co. [1989] 74 STC 288 that where the transaction is recorded in the books of accounts of the assessee, it cannot be said that the assessee consciously concealed the particulars or furnished inaccurate particulars. The Tribunal has come to the conclusion that there was bona fide belief in the mind of the assessee regarding the taxability of foreign liquor as Indian made foreign liquor, which was exempt in Rajasthan and the exemption was claimed in the return as this foreign liquor was purchased by the assessee from Delhi as tax-free. This being the position, I am of the view that the Tribunal was justified in setting aside the pena ..... X X X X Extracts X X X X X X X X Extracts X X X X
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