2017 (8) TMI 1182 - AT - Income Tax

TCS u/s 206C - TCS & interest liability where the buyer has paid the taxes - sale of ship-breaking scrap - scrap is sold to manufacturers who have given declaration in Form No. 27C - failure to furnish Form No. 27C under Rule 37C in time - CIT(A) following the decision of ITAT Jaipur Bench in his own case 2016 (8) TMI 952 - ITAT JAIPUR remanded back the matter to AO with direction. Held that - Earlier In its own case ITAT has ordered that AO is directed to verify such cases where certificates as per Proviso to 206C(6A) are furnished and if in such cases the advance tax deposited by the buyer is more than the tax required to be deducted by the assessee then in that case no interest u/s 206C(7) should be charged. There is contrary material whatever reported by the ld. CIT(A) in his order therefore in absence of any material against the finding of the ld. CIT(A) I have no alternate but to concur with the finding of the ld. CIT(A) - Decided against the revenue.

Summary

Issues:
- Interpretation of legal requirements for declaration in Form 27C at the time of purchase of goods by the buyer.
- Validity of specific direction on demand raised under Section 206C(7) for charging interest.

Interpretation of Declaration in Form 27C:
The appeals by the revenue concerned the interpretation of the assessee's claim regarding the declaration in Form 27C required at the time of purchase of goods by the buyer. The CIT(A) held that ship-breaking scrap sold by the assessee falls under the definition of scrap as per Explanation to Section 206C. The ITAT Jaipur bench's order in the assessee's own case supported this interpretation. It was emphasized that the nature of goods, such as scrap from ship-breaking, necessitates TCS deduction. The contention that certain materials like plates are not scrap was dismissed as they were part of ship-breaking scrap. The issue was restored to the Assessing Officer for verification.

Demand Raised Under Section 206C(7):
Regarding the demand raised under Section 206C(7) for charging interest, the AO had raised demands due to non-furnishing of Form 27C within prescribed time limits. The assessee argued that even if Form 27C was filed belatedly, the benefit should not be denied. The ITAT's direction in the assessee's case supported this argument, stating that no penalty should be imposed for delayed filing of the declaration. The AO was directed to verify the filing of Form 27C and recompute the liability under Sections 206C(6A) and 206C(7) accordingly. The issue was remanded back to the Assessing Officer based on the ITAT's directions in the assessee's case.

Conclusion:
The ITAT Jaipur bench's decisions in the assessee's previous cases were pivotal in the current judgment, guiding the interpretation of legal requirements and the validity of demands raised under Section 206C(7). The CIT(A) and the ITAT concurred on the application of TCS provisions to the sale of scrap materials like ship-breaking scrap, emphasizing the necessity of TCS deduction. The issues were remanded back to the Assessing Officer for further verification and computation of liabilities, aligning with the previous decisions in the assessee's cases. The appeals of the revenue were allowed for statistical purposes only, maintaining the importance of compliance with legal requirements and the proper application of tax provisions in such cases.