Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
No Penalty for Indian Oil: CESTAT Finds No Mens Rea in Duty Payment Case
CESTAT (Customs, Excise, and Service Tax Appellate Tribunal) ruled in favor of Indian Oil Corporation, setting aside a penalty in a duty payment case, as it found no evidence of mens rea (guilty intention). The tribunal concluded that the lapse in duty payment was likely due to a genuine error or oversight rather than a deliberate attempt to evade tax. The absence of malicious intent was a key factor in CESTAT's decision to waive the penalty, emphasizing that penalties should generally be imposed when there is a clear intention to violate tax laws.