9911796707
TMI Blog2007 (8) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... es Tribunal, Bihar, Patna, in Revision Case No. PT-257/1997, whereby and whereunder imposition of penalty against the petitioner under section 16(9) of the Bihar Finance Act, 1981 (hereinafter to be referred to as, the Act ) for the period 1994-95 was affirmed. Dr. Debi Pal, learned counsel for the petitioner, submitted that the petitioner is engaged in distribution and sale of petroleum pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the petitioner, submitted that pursuant to notice dated March 13, 1995, as contained in annexures 5 and 5/A the petitioner in all bona fide deposited advance tax of Rs. 13,50,00,000. Learned counsel, therefore, submitted that the assessing officer has committed an error of law against the settled principles of law, wherein it was held that the order imposing penalty is quasi-judicial in natur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a case of wilful evasion of tax, and, therefore, imposition of penalty is wholly justified. In view of the submission of learned counsel for the parties and materials available on record, it appears that imposition of penalty would not be justified, as no ingredient of mens rea was found on the part of the petitioner and the delay in payment of tax cannot be said to be deliberate. In the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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