Medha Servo Drives Private Limited Vs Asst. Commr, State Tax

Date: November 17, 2022

Court: High Court
Bench: Calcutta
Type: Writ Appeal
Judge(s)/Member(s): T.S. Sivagnanam, Hiranmay Bhattacharyya
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Subject Matter

Merely use of expression "mens rea" does not amount to concluding that there was a willful attempt to evade the payment of tax

Adjudication

Summary

Though the order passed by the Appellate Authority is 22 pages order, there is absolutely no discussion on the question as to whether the mens rea was established. I t is well settled that by merely using the expression “mens rea”, it wou…

We have perused the affidavit filed in support of the application for condonation of delay and we are satisfied that sufficient causes have been shown in preferring the instant appeal. Hence, the delay is condoned and the application for condonation of delay is allowed. In Re : MAT 1751 of 2022 IA No. CAN 2 of 2022 This intra-Court appeal filed by the writ petitioners is directed against the order…

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