The assessee is dealer of forest product other than Tendu Patta and Timber and Agricultural product in the nature of Mahua Oil, Puhad, Ambadi, Dolma Kanji Ratnjot and the cattle feed (Bhusa and Khal) etc. The AO levied 2.5% of the turnover for failure to collect tax at source. The CIT(A) up held the order of the AO. On appeal the Tribunal held that minor forest product and forest product are different in their nature. Minor forest products such as products of vegetable, and animal origin, such as grasses, bamboos, canes, tans, dyes,oils, gums, resins, fibres, flosses, drugs, spices, poisons, edible products and animal products are not covered under S. 206C(1) the assessee dealing in the minor forest product and agricultural product in the nature of Mahua Oil, Puhad, Ambadi, Dolma Kanji, Ratanjot and the cattle feed (Bhusa and Khal), etc. are not liable to collect tax at source deduct tax under S., 206C. (AY. 2011-12 to 2016-17)
Bheru Lal Garg v.ITO (2023) 157 taxmann.com 602/ 37 NYPTTJ 1684/ (2024) 227 TTJ 356 / 233 DTR 353 (Jodhpur)(Trib)
S. 206C : Collection at source-Trading-Forest produce-Minor forest product-Forest product-Vegetable and animal origin, such as grasses, bamboos, canes, tans, dyes, oils, gums, resins, fibres, flosses, leaves, drugs, spices, poisons, edible products and animal prod-Minor forest products-Not liable to collect tax at source Agricultural product in the nature of Mahua Oil, Puhad, Ambadi, Dolma Kanji, Ratanjot and the cattle feed (Bhusa and Khal), etc. is not liable to collect tax at source. [S. 206C(1), 206C(6A), 206C(7) ]
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