In Brief
The State of Gujarat challenged a High Court order that had deleted penalty and interest imposed on M/s Saw Pipes Ltd under the Gujarat Sales Tax Act, 1969. The assessee had deposited tax at 2% for a works contract, but the taxing authority determined 12% was due, creating a difference exceeding 25%. The High Court waived penalty and interest, finding the assessee acted bonafide. The Supreme Court held that penalty under Section 45(6) and interest under Section 47(4A) are mandatory statutory penalties automatically levied when the statutory condition (excess tax >25%) is met. Bonafide belief and mens rea are irrelevant; the statute uses mandatory language ("shall be levied") without requiring proof of guilty intention. The Court restored the penalty and interest, emphasizing that statutory civil penalties do not require mens rea unless the statute explicitly requires it.
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