TaxTMI 
TaxTMI 
TaxTMI 
2018 (12) TMI 574
X X X X Extracts X X X X
X X X X Extracts X X X X
....id application filed u/s 254(2) is barred by limitation as the same was supposed to file within six months from the end of the month in which the order was passed, however, it revealed that the said application was filed only on 25th May, 2018 whereas, the order was passed on 03.08.2017. According to amended provision, the application was supposed to file within six months i.e., up to 28.02.2018. 3. In the instant case, the application for rejection was filed on 22.01.2018 which was processed. Vide letter dated 26.02.2018 defects have been informed to the Revenue Department/Applicant, which have been removed and thereafter, the application was registered for hearing. From the facts, it is clear that the order of which the rectification has....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f receipt of such amount from the said buyer in cash or by the issue of a cheques or draft or by any other mode, whichever is earlier, collect from the buyer of any goods of the nature specified in column (2) of the Table below, a sum equal to the percentage, specified in the corresponding entry in column (3) of the said Table, of such amount as income-tax. 206(1C) Every person, who grants a. lease or a license or enter into a contract or otherwise transfers any right or interest either in whole or in part in any parking lot or toll plaza or mine or quarry, to another persons, other than a public sector company (hereinafter in this section referred to as "licensee or lessee") for the use of such parking lot or toll plaza or mine or quarry f....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hall be deducted at the higher of the following rates namely:- (i) at the rate specified in the relevant provision of this Act; or (ii) at the rate or rates in force; or (iii) at the rate of twenty per cent." From the above provisions of section 206AA, we find that these provisions are applicable for persons who are entitled to receive any income whereas the provisions of section 206C are applicable where the assessee receives amounts from the contractors to whom contracts are awarded. The assessee was liable to collect tax as per provisions of section 206(C) of the Act at the rates mentioned in the table contained u/s (IC) of the Act. Therefore, we direct the Assessing Officer to apply the correct provisions of law. We further f....
X X X X Extracts X X X X
X X X X Extracts X X X X
....return of income; and (iii) has paid the tax due on the income declared by him in such return of income, and the person furnishes a certificate to this effect from an accountant in such form as may be prescribed:]" Therefore, we direct the Assessing Officer to keep in view the above provisions also so that in case where the assessee had not collected tax at source even then tax can not be collected from him, if the above conditions are fulfilled by such contractors." 5. However, the case of the Applicant/Department is that the proviso to Sec.206C(6A) which is wrongly typed as 206(9C)6A/206C(1C)6A in the impugned order, was inserted in the I. T. Act, by the Finance Act, 2012 and was made applicable w.e.f 1st July, 2012. Since, the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ersons from whom the assessee was required to collect to 2% tax as tax collected at source as per provisions of section 206C(1C) of the Act. The assessee was required to collect tax @ 2% of the payments received from such contractors. For the sake of convenience the provisions of section 206C and (1C) are reproduced below: "206C Every person, being a seller shall, at the time of debiting of the amount payable by the buyer to the account of the buyer or at the time of receipt of such amount from the said buyer in cash or by the issue of a cheques or draft or by any other mode, whichever is earlier, collect from the buyer of any goods of the nature specified in column (2) of the Table below, a sum equal to the percentage, specified in the c....
X X X X Extracts X X X X
X X X X Extracts X X X X
....IIB of the Act. For the sake of convenience, the provisions of section 206AA are also reproduced: "206AA. (1) Notwithstanding anything contained in any other provisions of this Act, any person entitled to receive any sum or income or amount, on which tax is deductible under Chapter XVIIB (hereinafter referred to as deductee) shall furnish his Permanent Account Number to the person responsible for deducting such tax (hereafter referred to as deductory) failing which tax shall be deducted at the higher of the following rates namely:- (i) at the rate specified in the relevant provision of this Act;or (ii) at the rate or rates in force; or (iii) at the rate of twenty per cent." From the above provisions of section 206AA, we find t....