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Tax collected at source (TCS) u/s 206C on sale of scrap - Revenue treated assessee as "defaulter" for non-collection of TCS u/s 206C. Held: Sale categorized into three components - scrap sale covered by Rule 37J and Form 27BA duly filed, list of purchasers declaring purchases shown in books, and list of purchasers with declaration of purchases shown in books along with copy of declaration. Orders did not discuss nature of goods sold by assessee, amount for firewood sale, and iron material sale. Assessee claimed immunity u/s 206C(6A). Assessing Officer considered sale based on spot verification, but assessee claimed other sales not covered u/s 206C, like firewood and iron material sales. Issue u/r 37J read with Form 27BA remained untouched by Revenue authorities. Matter remitted to Assessing Officer to verify issues u/s 206C's purview and in light of above discussion. Assessee to get reasonable opportunity of hearing in set-aside proceedings and allowed to file evidence if required.
Tax collected at source (TCS) u/s 206C on sale of scrap - Revenue treated assessee as "defaulter" for non-collection of TCS u/s 206C. Held: Sale categorized into three components - scrap sale covered by Rule 37J and Form 27BA duly filed, list of purchasers declaring purchases shown in books, and list of purchasers with declaration of purchases shown in books along with copy of declaration. Orders did not discuss nature of goods sold by assessee, amount for firewood sale, and iron material sale. Assessee claimed immunity u/s 206C(6A). Assessing Officer considered sale based on spot verification, but assessee claimed other sales not covered u/s 206C, like firewood and iron material sales. Issue u/r 37J read with Form 27BA remained untouched by Revenue authorities. Matter remitted to Assessing Officer to verify issues u/s 206C's purview and in light of above discussion. Assessee to get reasonable opportunity of hearing in set-aside proceedings and allowed to file evidence if required.
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