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august 2012

Supreme Court of India · 2012-08-06

ASSIT. COMMERCIAL TAXES OFFICER vs M/S. G.D. PHARMACEUTICALS LTD.

Citation / case number
SC 2007/30765
Court
Supreme Court of India
Petitioner
ASSIT. COMMERCIAL TAXES OFFICER
Respondent
M/S. G.D. PHARMACEUTICALS LTD.
Author
CHANDRAMAULI KR. PRASAD H.L. DATTU
Bench
CHANDRAMAULI KR. PRASAD H.L. DATTU

Judgment text excerpt

The Supreme Court upheld the penalty provisions under Section 78(5) of the Rajasthan Sales Tax Act, affirming that the submission of false documents indicates mens rea and justifies the imposition of a fixed penalty of 30%. The Court clarified that the penalty is not discretionary and must be levied when the requisite documents are not produced, emphasizing the legislature's authority to set such penalties. The appeal was allowed, overturning the decisions of the First Appellate Authority and the Rajasthan High Court, restoring the order of the Original Authority.

ASSIT. COMMERCIAL TAXES OFFICER vs M/S. G.D. PHARMACEUTICALS LTD. · Niyam