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    <title>2018 (6) TMI 974 - KARNATAKA HIGH COURT</title>
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    <description>Penalty under section 70(2)(a) of the Karnataka Value Added Tax Act was validly restored because the assessee relied on input tax credit claims supported by invoices issued by non-existent dealers, and the authorities recorded a factual finding that the invoices were false. The burden under section 70(1) remained on the dealer to prove the correctness of the input tax claim, and that burden was not displaced merely by asserting bona fides. As the assessee failed to discharge that burden and no perversity in the material findings was shown, the revisional authority&#039;s restoration of penalty was upheld and no substantial question of law arose.</description>
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    <pubDate>Wed, 13 Jun 2018 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=362147</link>
      <description>Penalty under section 70(2)(a) of the Karnataka Value Added Tax Act was validly restored because the assessee relied on input tax credit claims supported by invoices issued by non-existent dealers, and the authorities recorded a factual finding that the invoices were false. The burden under section 70(1) remained on the dealer to prove the correctness of the input tax claim, and that burden was not displaced merely by asserting bona fides. As the assessee failed to discharge that burden and no perversity in the material findings was shown, the revisional authority&#039;s restoration of penalty was upheld and no substantial question of law arose.</description>
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      <pubDate>Wed, 13 Jun 2018 00:00:00 +0530</pubDate>
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