2026 (3) TMI 1022

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.... of Rs. 4,03, 139/- required to be deleted. 02. That the Ld. A.O. has rejected application of the appellant u/s 154 of the Income Tax Act, 1961 without giving opportunity of being heard and which was confirmed by CIT(A) is against the provision of natural justice. Therefore the order passed by Dy. CIT, TDS, Circle, Ahmedabad dated 27/03/2019 needs to be rectified. 03. That the Appellant Company has paid all the Taxes and liabilities of TDS/TCS for the year under consideration. However, the order passed u/s 2026C(6A) r.w.s. 206C (7) of the Act without appreciating the facts on records is erroneous and needs to be rectified and as such the matter may please be remand back to the JAO for fresh education and opportunity of bei....

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.... on 27.03.2019 without giving any opportunity of being heard. Aggrieved by the order u/s 206C(6A) r.w.s 206C(7), the assessee company has filed the application u/s 154 of the Act to rectify the mistake apparent on record. The Ld. JCIT has passed the order u/s 271CA of the Act for penalty on 11.12.2019 mentioning that the rectification application was rejected by the ld. A.O. on 09.12.2019 and has imposed the penalty for Rs. 2,05,683/-. However, no such rejection order is received by the assessee company. The assessee company has received the copy of order of rejection u/s 154 of the Act on 22.01.2020, after personal visit to enquire about the same. 4. Being aggrieved by the rejection of application for rectification of mistake u/s. 154 o....

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.... sale and the assessee has failed to collect the tax at sources. In view of the above as per section 206C of the Income tax Act 1961 the assessee was required to collect TCS @ 1% of Rs. 2,05,683/-. As per the consistent practice followed by the company the sales is accounted net of duties and taxes and accordingly the amount of scrap sales disclosed in the audited P & L Account of the company is net of duties & taxed collected on sales, whereas in the TCS return the gross sales value including duties and taxes of scrap sales is furnished. Therefore, to match the amount of scrap sales as per TCS return and audited P & L A/c, a reconciliation statement was furnished to you on 8/03/2019, wherein the amount of duties and taxes was redu....