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    <title>2017 (12) TMI 1129 - GUJARAT HIGH COURT</title>
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    <description>The dominant issue was whether items sold as rags/wipers/chindi constituted &quot;scrap&quot; under Expln. (b) to s.206C, so as to trigger liability to collect TCS and interest under s.206C(7). HC held that &quot;scrap&quot; covers waste arising from manufacture/mechanical working that is &quot;not usable as such&quot;; the assessee&#039;s goods were manufactured products usable as such by purchasers for further manufacture, and therefore fell outside s.206C. Accordingly, the Tribunal&#039;s finding that no TCS/interest liability arose was affirmed and the Revenue&#039;s challenge failed. A secondary issue on alleged breach of r.46A(3) was rejected because the additional evidence (photographs/samples) was clinching, making remand to the AO unnecessary.</description>
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    <pubDate>Mon, 11 Dec 2017 00:00:00 +0530</pubDate>
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      <title>2017 (12) TMI 1129 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=352860</link>
      <description>The dominant issue was whether items sold as rags/wipers/chindi constituted &quot;scrap&quot; under Expln. (b) to s.206C, so as to trigger liability to collect TCS and interest under s.206C(7). HC held that &quot;scrap&quot; covers waste arising from manufacture/mechanical working that is &quot;not usable as such&quot;; the assessee&#039;s goods were manufactured products usable as such by purchasers for further manufacture, and therefore fell outside s.206C. Accordingly, the Tribunal&#039;s finding that no TCS/interest liability arose was affirmed and the Revenue&#039;s challenge failed. A secondary issue on alleged breach of r.46A(3) was rejected because the additional evidence (photographs/samples) was clinching, making remand to the AO unnecessary.</description>
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      <pubDate>Mon, 11 Dec 2017 00:00:00 +0530</pubDate>
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