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february 2007

Supreme Court of India · 2007-02-22

ASTT. COMNR. ANTI EVASION COMMR. TAXES vs M/S. AMTEK INDIA LTD.

Citation / case number
SC 2006/16582
Court
Supreme Court of India
Petitioner
ASTT. COMNR. ANTI EVASION COMMR. TAXES
Respondent
M/S. AMTEK INDIA LTD.
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & S.H. KAPADIA

Judgment text excerpt

The Supreme Court upheld the Rajasthan High Court's dismissal of a revision petition challenging the imposition of a penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994. The Court found that the High Court correctly determined that the documents presented by the assessee were genuine and that the Assessing Authority's doubts were unfounded. The Court held that the imposition of costs on the Commercial Tax Officer was justified due to the lack of good faith in the assessment process, affirming the lower authorities' decisions to set aside the penalty.

ASTT. COMNR. ANTI EVASION COMMR. TAXES vs M/S. AMTEK INDIA LTD. · Niyam