Gopallal Ramprasad Kabra v. ITO (2023) 200 ITD 295 (Rajkot)(Trib)

S. 206C : Collection at source-Trading-Alcoholic liquor-Forest produce-Scrap-Time limit for furnishing form-No time limit is prescribed-The matter was to be remanded back to file of ITO (TDS) to take into consideration Form no. 27C furnished by assessee and pass order in accordance with law.[S. 206C(6), 206C(7), Form No 27C]

ITO held assessee as ‘assessee-in-default’ and tax demand of certain amount (including interest) was raised upon it. It was noted that assessee had duly obtained Form No. 27C, belatedly from buyers to whom goods were sold and same was submitted before Commissioner (TDS). However, same was not considered by ITO (TDS) and he proceeded to levy tax and interest in terms of section 206C(6) and 206C(7). Since there was no time-limit provided in section 206C(1A) to furnish declaration in Form no. 27C, delay in filing said declaration by assessee to prescribed income-tax authority would not be a ground to deny benefit to assessee. The matter was to be remanded back to file of ITO (TDS) to take into consideration Form no. 27C furnished by assessee and pass order in accordance with law.(AY. 2012-13)