Liquor Vendors Acquiring Vending Rights via Auction Not "Buyers" Under Income Tax Law; Natural Justice Principles Upheld.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Section 206C - Collection of tax at source - liquor vendors (contractors) who bought vending rights from appellant on auction not "buyers" under Explanation(a) to Section 206C. Excise contractors shortlisted for retail vending rights, not purchasing arrack through auction. Two distinct transactions - shortlisting for vending rights and obtaining arrack for retail sale. Arrack sale price fixed statutorily within range u/r 4, satisfying conditions under Explanation(a)(iii). Excise contractors/liquor vendors excluded from "buyer" definition u/s 206C. Assessing Officer failed to provide adequate opportunity of hearing before passing prejudicial order u/s 206C(6). Principles of natural justice mandate notice and hearing before such orders. High Court erred in dismissing writ petitions challenging orders. Supreme Court allows appeal, holds Section 206C inapplicable.....