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2010 (8) TMI 879 - KARNATAKA HIGH COURTWhether the assessee had knowingly produced a false tax invoice to support a deduction of input tax, which is available to him under law? Held that:- The assessee has not answered the queries of the assessing authorities. The material collected makes it very clear that in order to claim benefit of refund of input-tax, the assessee has produced these invoices, which do not reflect a genuine transaction. The very fact that the assessee was not able to answer any one of the fact makes it clear that he knew the truth, he knew what he was doing. Therefore, it is clear that the assessee knowingly produced invoices, which are not genuine in support of his claim of input-tax refund on the basis that he had paid input tax. It is a clear case of evasion of tax. It is not a bona fide act of the assessee. On proper appreciation of the entire material on record, the revisional authority is justified in holding that the first appellate authority committed a serious error in setting aside the penalty on the assessee. Appeal dismissed.
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