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    <title>2026 (1) TMI 460 - ITAT VISAKHAPATNAM</title>
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    <description>The dominant issue was whether sales of cotton waste attracted TCS under s.206C on the footing that it constituted &quot;scrap&quot;. The ITAT held that, on a plain reading of the statutory definition, cotton waste used as raw material in open-ended spinning mills is not &quot;scrap&quot; and therefore s.206C is not attracted; the CIT(A)&#039;s denial solely for non-furnishing of Form 27C was treated as a technical lapse in light of HC precedent where such breach was condonable. As the assessee produced buyer declarations regarding end-use, the matter was remitted to the AO to verify that supplies were made to open-ended spinning mills for use as raw material and then allow relief accordingly; the appeal was statistically allowed.</description>
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    <pubDate>Wed, 03 Dec 2025 00:00:00 +0530</pubDate>
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      <title>2026 (1) TMI 460 - ITAT VISAKHAPATNAM</title>
      <link>https://www.taxtmi.com/caselaws?id=784704</link>
      <description>The dominant issue was whether sales of cotton waste attracted TCS under s.206C on the footing that it constituted &quot;scrap&quot;. The ITAT held that, on a plain reading of the statutory definition, cotton waste used as raw material in open-ended spinning mills is not &quot;scrap&quot; and therefore s.206C is not attracted; the CIT(A)&#039;s denial solely for non-furnishing of Form 27C was treated as a technical lapse in light of HC precedent where such breach was condonable. As the assessee produced buyer declarations regarding end-use, the matter was remitted to the AO to verify that supplies were made to open-ended spinning mills for use as raw material and then allow relief accordingly; the appeal was statistically allowed.</description>
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