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2017 (4) TMI 364 - HC - VAT and Sales TaxRestoration of penalties - Section 67 of the KVAT Act - the assessee has not produced documents as directed by the Tribunal and has failed to prove its entitlement for input tax credit - the penalty has been levied on the assessee on the basis that the purchases and sales have no correlation with the quantity and date. It is also held that input tax is seen illegally claimed and that the accounts produced were the cooked up computer printouts drawn after four years since the dealings occurred. Insofar as the absence of correlation is concerned, the order shows that the invoice number and the date do not correlate with the invoices raised by the assessee in respect of Malabar Cements Ltd. Held that: - In Annexure C common order, the Tribunal has restored the penalty levied by the Assessing Officer. However, the order does not show that the Tribunal has assigned any reasons for upsetting the findings of the first appellate authority in favour of the assessee. In other words, the Tribunal has restored the penalty levied on the assessee in Annexure A order produced in O.T. Rev. No. 158 of 2015 without any application of mind. For that reason, the order passed by the Tribunal allowing T.A. (VAT) No. 1506 of 2013, which is the subject matter of O.T. Rev. No. 158 of 2013 is to be set aside. TA (VAT) No. 1506 of 2013 will stand restored to the file of the Tribunal and the Tribunal shall re-consider the matter with notice to both sides and pass appropriate orders in the matter Petition allowed by way of remand.
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