2018 (2) TMI 1160

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....R : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. These appeals arise in common background. We may notice facts from Tax Appeal No. 1014 of 2017. Revenue has challenged judgement of the Income Tax Appellate Tribunal dated 16.05.2017 suggesting following questions for our consideration: "A. Whether the Appellate Tribunal has erred in law and on facts in deleting the addition for (TDS Default) ....

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....he judgement of this Court in case of Commissioner of Income Tax vs. Siyaram Metal Udyog (P) Ltd. [78 taxmann.com 157] in which following observations were made: "5. It thus, emerges that admittedly the assessee had submitted form 27C collected from the buyers. There was no dispute about the genuineness of the contents thereof. However, the same was filed somewhat belatedly. It was in thi....

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....he right to receive any such goods but does not include a buyer in the retail sale of such goods purchased by him for personal consumption. 7. In the context of this exclusion clause contained in explanation of the term 'buyer', subsection (1A) of section 206C provides as under: (1A) Notwithstanding anything contained in subsection (1), no collection of tax shall be made ....

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....er furnishes to the person responsible for the tax a declaration in writing in prescribed form declaring that the goods in question are to be utilized for the purposes of manufacturing process or producing articles or things or for the purpose of generation of power and not for trading purposes. The declaration to be made in subsection (1A) of section 206C thus would enable the Revenue authorities....