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2022 (3) TMI 1213 - ALLAHABAD HIGH COURTLevy of penalty u/s 54 (1) (19) of UP VAT Act - no finding recorded by the authorities including the Tribunal that the revisionist, falsely or fraudulently claims an amount as input tax credit - HELD THAT:- The penalty proceedings have been initiated against the revisionist on the purchases made from various dealers as purchases were not verifiable for some reasons or the other and while passing the assessment order, the input tax credit was rejected therefore the penalty under Section 54 (1) (19) was initiated. On a pointed query to the counsels appearing on behalf of parties as to whether any revision against the aforesaid second appeals were preferred before this Court and what is the outcome of the same, the counsels were not aware of that and prayed that the matter may be remanded to the Tribunal so that same fact can be verified by the Tribunal. The matter is remanded to the Tribunal. The order of the Tribunal is modified to the extent that orders of penalty have been affirmed on the basis of purchases made may be verified and the Tribunal may record a specific finding as contemplated under Section 54 (1) (19) of UP VAT Act for confirming the imposition of penalty. The revisions are disposed of.
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