Payment of tax at lower rate under bona fide belief doesn't attract penalty

CST & VAT: Rajasthan VAT - Where assessee under a bona fide belief had paid tax at rate of 4 per cent on branded confectionery and Assessing Authority taking view that confectionery was taxable at rate of 12.5 per cent held that assessee was liable to pay differential tax of 8.5 per cent and also levied penalty upon it under section 61, levy of penalty was not justified