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HC upheld revenue's appeal regarding disallowance of input tax credit and penalty imposition under KVAT Act. The respondent failed to substantiate genuine purchases and movement of goods (copper/GI materials) with credible transportation evidence. Court found suspicious use of two-wheelers for heavy goods transport and non-deposit of tax by selling dealers. HC emphasized that burden of proof lies with dealer claiming input tax credit, and mere production of invoices or cheque payments insufficient. The Tribunal erred in overturning Assessing Authority's findings based solely on documentary evidence without considering goods movement proof and non-payment of tax to exchequer. Penalty under Section 70(2)(a) reinstated as First Appellate Authority lacked grounds for quashing it.
HC upheld revenue's appeal regarding disallowance of input tax credit and penalty imposition under KVAT Act. The respondent failed to substantiate genuine purchases and movement of goods (copper/GI materials) with credible transportation evidence. Court found suspicious use of two-wheelers for heavy goods transport and non-deposit of tax by selling dealers. HC emphasized that burden of proof lies with dealer claiming input tax credit, and mere production of invoices or cheque payments insufficient. The Tribunal erred in overturning Assessing Authority's findings based solely on documentary evidence without considering goods movement proof and non-payment of tax to exchequer. Penalty under Section 70(2)(a) reinstated as First Appellate Authority lacked grounds for quashing it.
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