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Dealer Fails to Prove Initial Sale, Faces Penalty for Suppressed Turnover; Court Reinstates Assessment Order.
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....Claim of second sale exemption and the imposition of penalty u/s 12(5)(iii). The High Court held that when the burden was on the dealer to prove the factum of second sale, the respondent had failed to discharge this burden by proving the actual first sale, which was a prerequisite for claiming the exemption. The Tribunal had erroneously shifted the burden from the dealer to the revenue. Relying on previous decisions, the High Court reiterated that the burden of proving an earlier taxable sale was on the assessee. Regarding the penalty u/s 12(5)(iii), the Court held that since the respondent had wilfully suppressed taxable turnover and failed to file returns, the Assessing Officer was justified in imposing the penalty, and the Tribunal's dec.........