2014 (3) TMI 341 - AT - Income Tax

Collection of tax at source u/s 206C - Interpretation of Bagasses as per section 206(C) - Whteher Bagasses is covered under the definition of scraps as per section 206(C) and assessee liable to collect tax at source - Held that - No doubt, the Inspecting Officer during the course of inspection has noticed that there are some discrepancies in collecting tax at source u/s 206C of the Act ( sale of Molasses & Bagasses) and the AO called the explanation from the assessee . The assessee i.e. Person Responsible for deducting tax at source has given his explanation that Molasses and Bagasse and Bagasse generated during the manufacturing process could not be termed as scrap for the purpose of section 206C since it is a by-product of the process of manufacture. Therefore, Molasses and Bagasses are different from scrap and did not fall within the definition of scrap as per Explanation (b) to Section 206C of the Act - Decided against Revenue.

Summary

Issues Involved:

1. Whether Bagasse is covered under the definition of "scrap" as per section 206C of the Income Tax Act, 1961.
2. Whether the assessee was liable to collect tax at source (TCS) on the sale of Molasses and Bagasse.

Issue-wise Detailed Analysis:

1. Definition of Scrap under Section 206C:

The primary issue revolves around whether Bagasse falls under the definition of "scrap" as per section 206C of the Income Tax Act, 1961. The Revenue argued that Bagasse should be considered scrap, thus necessitating the collection of tax at source. The assessee contended that Bagasse is a by-product used as biofuel and in manufacturing pulp, paper, and building materials, and thus does not qualify as scrap.

The CIT(A) held that Bagasse is not scrap for the purpose of section 206C. The rationale was that Bagasse, though a by-product, is used directly as a fuel and in other manufacturing processes, distinguishing it from scrap, which is generally waste or leftover material. The CIT(A) relied on the Sugarcane Control Order and various judicial precedents to support this conclusion.

2. Liability to Collect Tax at Source on Molasses and Bagasse:

The second issue pertains to whether the assessee was liable to collect TCS on the sale of Molasses and Bagasse. The AO found discrepancies during an inspection and held that the assessee failed to collect TCS on these items, treating them as scrap. The assessee argued that Molasses and Bagasse are by-products and not scrap, thus not subject to TCS under section 206C.

The CIT(A) upheld the AO's decision regarding Molasses, classifying it as scrap under the definition provided in Explanation (b) to section 206C. The CIT(A) noted that Molasses is a leftover from the sugar manufacturing process and cannot be used directly, thus fitting the definition of scrap. Consequently, the assessee was held liable to collect TCS on Molasses.

However, regarding Bagasse, the CIT(A) concluded that it should not be considered scrap for the purpose of section 206C. The CIT(A) reasoned that Bagasse is used directly as a fuel and in manufacturing processes, differentiating it from scrap, which is typically unusable without further processing.

Conclusion:

The ITAT upheld the CIT(A)'s well-reasoned order, affirming that Molasses qualifies as scrap under section 206C, thus requiring TCS collection. Conversely, Bagasse does not qualify as scrap due to its direct usability, exempting it from TCS collection. The appeals filed by the Revenue were dismissed, and the CIT(A)'s order was upheld without interference.

Judgment:

All four appeals by the Revenue were dismissed, and the order pronounced in the open court on 19th November 2012 upheld the CIT(A)'s decision that Molasses is scrap under section 206C, while Bagasse is not.