Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
HC held that TCS under Section 206C(1C) of IT Act is not applicable to compounding fees collected from illegal miners/transporters under MMDR Act. The court ruled that Section 206C(1C) mandates TCS collection only from lease holders, license holders, or parties with contractual rights in mines who pay royalty to State Government through District Mining Officer. Compounding fees collected under Section 23A of MMDR Act read with Rule 71(5) of Chhattisgarh Minor Mineral Rules, 2015 from illegal mining offenders are distinct from royalty payments. The court emphasized that royalty and compounding fees are mutually exclusive terms with no legislative mandate to collect TCS on compounding fees. ITAT's judgment imposing TCS demand, interest, and penalty was set aside, with substantial question of law decided favoring assessee against Revenue.
HC held that TCS under Section 206C(1C) of IT Act is not applicable to compounding fees collected from illegal miners/transporters under MMDR Act. The court ruled that Section 206C(1C) mandates TCS collection only from lease holders, license holders, or parties with contractual rights in mines who pay royalty to State Government through District Mining Officer. Compounding fees collected under Section 23A of MMDR Act read with Rule 71(5) of Chhattisgarh Minor Mineral Rules, 2015 from illegal mining offenders are distinct from royalty payments. The court emphasized that royalty and compounding fees are mutually exclusive terms with no legislative mandate to collect TCS on compounding fees. ITAT's judgment imposing TCS demand, interest, and penalty was set aside, with substantial question of law decided favoring assessee against Revenue.
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