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.