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    <title>2022 (1) TMI 444 - KARNATAKA HIGH COURT</title>
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    <description>Input tax credit can be denied only after a reasoned finding on the genuineness of the underlying transactions; the dealer bears the burden to prove the claim, but mere non-filing of returns or non-payment of tax by selling dealers is not enough unless the transactions are found fictitious or bogus. Where the record suggests that selling dealers may be non-existent, deregistered, or otherwise suspect, those facts must be specifically examined and recorded before credit is allowed or refused. As the orders below lacked such examination and additional material had been produced, the matter was remanded to the first appellate authority for fresh consideration after hearing the assessee, with all contentions left open.</description>
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    <pubDate>Thu, 16 Dec 2021 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=416979</link>
      <description>Input tax credit can be denied only after a reasoned finding on the genuineness of the underlying transactions; the dealer bears the burden to prove the claim, but mere non-filing of returns or non-payment of tax by selling dealers is not enough unless the transactions are found fictitious or bogus. Where the record suggests that selling dealers may be non-existent, deregistered, or otherwise suspect, those facts must be specifically examined and recorded before credit is allowed or refused. As the orders below lacked such examination and additional material had been produced, the matter was remanded to the first appellate authority for fresh consideration after hearing the assessee, with all contentions left open.</description>
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      <pubDate>Thu, 16 Dec 2021 00:00:00 +0530</pubDate>
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