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Mohan Breweries & Distilleries Ltd. ... vs Commercial Tax Officer, Madras & Ors on 9 September, 1997

A reading of the above exhibit would clearly reveal that the Revenue itself was not sure of the legal position and has taken to Mohan Breweries case [1997] 107 STC 212 (SC), decided on September 9, 1997, to issue notices only by July, 1998. This fact itself would clearly indicate that the petitioners cannot be held-guilty of deliberate or dishonest conduct or metis rea. The penalty proceedings in all these cases, in our opinion, are, therefore, vitiated by non-application of mind and the same is liable to be set aside as arbitrary and unreasonable.
Supreme Court of India Cites 5 - Cited by 20 - S P Bharucha - Full Document
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