High Court dismissed the Department’s appeal holding that where timber was sized, sawn into logs of different dimensions and shapes in activities carried out in saw mills authorised by the Government, a different produce came into being, and that the provisions of section 206C(1) of the Income-tax Act, 1961, were not applicable because the product ceased to be forest produce. SLP of revenue dismissed as the revenue had not been satisfactorily the delay of 880 days in filing the SLP and also on merits. (AY. 2005-06 to 2009-10)
CIT v. Nirmal Kumar Kejriwal (2025) 476 ITR 154/304 Taxman 589 (SC) Editorial : PCIT (TDS) v. Nirmal Kumar Kejriwal, (2022) 289 Taxman 51 / 216 DTR 441/ 328 CTR 222 / (2023) 454 ITR 777 (Cal)(HC)
S. 206C : Collection at source-Trading-Forest produce-Timber sized, sawn into logs of different dimensions and shapes-High Court holding product ceased to be forest produce and assessee not liable to collect tax at source-Delay of 880 days-SLP of revenue dismissed on account of delay and also on merits. [Art. 136]
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