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    <title>2023 (4) TMI 760 - ORISSA HIGH COURT</title>
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    <description>Concurrent factual findings of suppression of turnover, supported by seized material, transporter signatures and receipt of consideration, were treated as evidence-based determinations not ordinarily reopenable in revision absent perversity, no evidence or patent legal error; the tax liability based on that finding was therefore left undisturbed. Penalty under Section 43(2) of the Odisha Value Added Tax Act, 2004 was held discretionary and sustainable only on a recorded satisfaction that the escapement or under-assessment occurred without reasonable cause, with reasons showing application of mind; a mechanical penalty imposed merely after assessment was set aside.</description>
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