Court Highlights Need for Concrete Proof in VAT Evasion Claims; ITC Under JVAT Act 2005 Considered Key Factor.

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....Under-pricing of goods/colourful transactions - In the absence of tangible materials to support such a finding, it is difficult to assume that a purchaser of petitioner would purchase minerals at a lesser price under an invoice in order to evade payment of tax especially when the said purchaser is entitled to avail ITC under the JVAT Act, 2005. - HC....