G.K. Traders v. ITO (2023) 198 ITD 72 (Rajkot) (Trib.)

S. 206C : Collection at source-Trading-Alcoholic liquor-Forest produce-Scrap-Buyers declaration in Form No 27C-No time limit is prescribed-Delay in filing the Form-Cannot be treated as asseessee in default-Benefit cannot be denied-Matter is remanded to the file of the Assessing Officer to decide issue de novo after giving assessee due opportunity of hearing. [S. 206C(IA), (206C(6), 206C(7), Form No 27C]

The  assessee-company had sold scrap to various parties without collecting tax at source.  Assessee had also failed to submit a statement in Form 27C comprising of buyer’s declaration to prescribed income tax authority in time.The Assessing Officer treated the  assessee  as assessee in default and  levied the interest under section 206C(7 ) of the Act  which is affirmed by the CIT(A). On appeal it was  contended that if buyer of scrap had paid taxes on purchase and furnished CA certificate to this effect, assessee would not be at default under section 206C. The Tribunal held  that since there was no limit provided in section 206C to make a declaration in Form 27C collected from buyers, delay in filing said declaration would not be ground to deny benefit to assessee. Matter was to be remanded back to file of Assessing Officer to decide issue de novo after giving assessee due opportunity of hearing. (AY. 2014-15 )