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    <title>2014 (9) TMI 921 - ALLAHABAD HIGH COURT</title>
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    <description>Input tax credit and penalty under the U.P. VAT Act could not be sustained against the purchasing dealer unless there was a specific finding that the invoices relied upon were false, forged or fraudulent. The High Court noted that mere default or tax evasion by the selling dealer was insufficient to fasten liability on the buyer where the dealer&#039;s own invoices were not found to be non-genuine. The Tribunal had proceeded without recording such a finding, so its disallowance of input tax credit and consequential penalty could not stand. The order was set aside and the matter remitted for fresh consideration on the correct legal basis.</description>
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    <pubDate>Thu, 25 Sep 2014 00:00:00 +0530</pubDate>
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      <title>2014 (9) TMI 921 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=169062</link>
      <description>Input tax credit and penalty under the U.P. VAT Act could not be sustained against the purchasing dealer unless there was a specific finding that the invoices relied upon were false, forged or fraudulent. The High Court noted that mere default or tax evasion by the selling dealer was insufficient to fasten liability on the buyer where the dealer&#039;s own invoices were not found to be non-genuine. The Tribunal had proceeded without recording such a finding, so its disallowance of input tax credit and consequential penalty could not stand. The order was set aside and the matter remitted for fresh consideration on the correct legal basis.</description>
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      <pubDate>Thu, 25 Sep 2014 00:00:00 +0530</pubDate>
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