2015 (11) TMI 1216 - HC - Income Tax

TCS u/s 206C - Not collection of tax at source on Old and used plates, Non-excisable (exempted) like furniture, wood, etc., Trading of scrap (melting) and High seas sale - ITAT held that such products may be commercially known as scrap they are not waste and scrap , as such items are usable as such, and, therefore, do not fall within the definition of scrap as envisaged in the Explanation to section 206C(1) - Held that - The Tribunal, in the impugned order, has recorded that the items/products in question obtained from the activity of ship breaking are usable as such and, therefore, do not fall within the definition of scrap. However, since the assessee had not collected tax at source on items other than items obtained out of the manufacturing activity in the course of ship breaking, the Tribunal has remitted the matter to the Assessing Officer for the purpose granting relief to the assessee under the provisions of section 206C (1) of the Act with regard to only sale of scrap arising out of manufacturing activity in the course of ship breaking after providing due opportunity of hearing to the assessee. Thus, the Tribunal after recording a finding of fact to the effect that the products obtained by the assessee in the course of ship breaking activity are usable as such, and, therefore, do not fall within the definition of scrap has remitted the matter to the Assessing Officer to grant relief accordingly. Essentially, therefore, the impugned order of the Tribunal is based upon a finding of fact which does not give rise to any question of law. - Decided against revenue.

Summary

Issues:
Interpretation of the term "Scrap" under section 206C of the Income Tax Act, 1961.
Reliance on previous judgments regarding the definition of "waste and scrap."
Deletion of the order passed under section 201(1) of the Income Tax Act and interest charged under section 201(1A).

Analysis:
1. The appeal under section 260A of the Income Tax Act challenged the order of the Income Tax Appellate Tribunal regarding the interpretation of the term "Scrap" in section 206C. The Assessing Officer raised a demand for tax and interest due to non-compliance with tax collection provisions. The Commissioner (Appeals) ruled in favor of the assessee, stating that the items in question were usable and did not fall under the definition of "scrap." The Tribunal upheld this decision, emphasizing that the items were not waste and scrap but usable products from ship breaking activity.

2. The Tribunal's findings highlighted that the term "waste and scrap" should arise from manufacturing or mechanical working of materials that are not usable as such. The Tribunal differentiated between waste and scrap, emphasizing the nexus with manufacturing processes. The Tribunal directed the Assessing Officer to grant relief to the assessee only for the sale of scrap arising from manufacturing activity during ship breaking.

3. The appellant contested the Tribunal's interpretation, arguing that the items were wrongly considered usable and not falling under the definition of "scrap." However, the respondent supported the Tribunal's decision, stating that the relief under section 206C(1) applied only to specific items. Reference was made to a similar case where the definition of "scrap" was crucial in determining tax liability.

4. The Madras High Court's decision was cited to support the respondent's argument that certain materials reused in manufacturing processes may not qualify as scrap under the Act. The Tribunal's factual findings regarding the usability of the items influenced the decision not to collect tax at source on specific items.

5. The Tribunal's order was based on factual determinations regarding the nature of the items obtained from ship breaking activity. Since the items were usable products and not waste or scrap, the Tribunal remitted the matter to the Assessing Officer for granting relief under section 206C(1) only for sales arising from manufacturing activity during ship breaking.

6. The High Court upheld the Tribunal's order, stating that no legal infirmity existed to warrant interference or raise substantial questions of law. The appeal was dismissed, affirming the Tribunal's decision on the interpretation of "scrap" and the relief under section 206C(1) for specific sales arising from manufacturing activities during ship breaking.