2011 (9) TMI 254 - HC - Income Tax

Failure to Collection tax at Source (TCS) u/s 206C - sale of Indian Made Foreign Liquor to retailers - credit of TCS to buyer - Held that - though assessee collects the tax and remit the money to the Government, the said amount remitted will be to the account of the buyer. In other words, the said amount will be given deductions towards the tax payable by the buyer. - it is necessary to find out whether the buyer has paid tax in accordance with the provisions of the Act and only in the event the buyer has not paid the tax then the authorities can proceed against the assessee who was under the obligation to collect tax and remit to the Government. It is well-settled law that there cannot be any double payment of tax. - ITAT remitted the case to undertake this exercise - order of ITAT sustained - appeal dismissed.

Summary

Issues:
Interpretation of Section 206C of the Income-tax Act, 1961 regarding tax collection from buyers in wholesale liquor business.

Detailed Analysis:
The case involves the interpretation of Section 206C of the Income-tax Act, 1961, specifically dealing with tax collection from buyers in the wholesale liquor business. The appellant, engaged in selling Indian Made Foreign Liquor to retailers, was held liable by the Income Tax Officer to collect tax under Section 206C. The appellant's failure to collect and remit the tax led to being treated as a defaulter, resulting in a demand and interest charges under Section 206C(7). The first appellate Authority upheld the Income Tax Officer's decision, which was further appealed to the Tribunal. The Tribunal referred to a previous court decision and set aside the orders, remanding the matter back to the Income Tax Officer for fresh consideration based on specific observations in the judgment.

The Tribunal's decision was challenged through appeals by both the revenue and the appellant. The revenue disputed the portion of the order remanding the matter for fresh consideration, while the appellant contested the finding that classified them as a buyer under the Act. The High Court examined Section 206C, emphasizing that the tax collected by the seller is remitted to the buyer's account, effectively reducing the buyer's tax liability. The Court highlighted that if the buyer has already paid the tax, the revenue is not deprived of the tax due, emphasizing the principle against double payment of tax.

The Court supported the Tribunal's decision to remand the matter to ascertain whether the buyer had paid the tax, as the record lacked such crucial details. It reiterated that before taking action against the seller, it is essential to ensure the buyer's tax compliance. The Court also noted that the question of whether the purchaser qualifies as a buyer under the Act was left undecided, indicating that the appellant could raise this issue before the appellate Authority. Ultimately, the Court dismissed both the appeals and cross-appeals, instructing the appellate Authority to issue notices to both parties for further proceedings in accordance with the law.