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    <title>2023 (3) TMI 493 - KERALA HIGH COURT</title>
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    <description>Penalty under the Kerala Value Added Tax Act could not be sustained where slips recovered during inspection were contradicted by credible evidence from other dealers showing the entries related to their own business, and the department&#039;s case rested on presumption rather than reliable proof of the assessee&#039;s transactions. The Tribunal erred in restoring the penalties without adequate justification. Once those penalty findings were set aside, the later assessment orders that were purely consequential to them also lost their and were liable to be set aside. Relief was therefore granted against both the penalty and the consequential assessments.</description>
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    <pubDate>Wed, 01 Mar 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=435107</link>
      <description>Penalty under the Kerala Value Added Tax Act could not be sustained where slips recovered during inspection were contradicted by credible evidence from other dealers showing the entries related to their own business, and the department&#039;s case rested on presumption rather than reliable proof of the assessee&#039;s transactions. The Tribunal erred in restoring the penalties without adequate justification. Once those penalty findings were set aside, the later assessment orders that were purely consequential to them also lost their and were liable to be set aside. Relief was therefore granted against both the penalty and the consequential assessments.</description>
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      <pubDate>Wed, 01 Mar 2023 00:00:00 +0530</pubDate>
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