2018 (8) TMI 651 - AT - Income Tax

Obligation to collect Tax at Source (TCS) u/s 206C - sale made to scrap dealers - assessee raised this issue that the purchaser have considered these amounts in their books of account and also paid due taxes - Held that - the issue regarding applicability of proviso to Section 206C(6A) as well as the proviso to Section 201(1) of the Act which were brought into statute by amendment brought vide Finance Bill 2012 is settled by the various courts including the Hon ble Supreme Court as well as the various Benches of the Tribunal that the said proviso is retrospective in nature. Since the factum of the purchaser have shown these purchases in their books of account and have paid due taxes while filing of return of income has not been examined either by the Assessing Officer or by the ld. CIT(A). Matter remanded back. - Decided in favor of assessee for statistical purposes.

Issues involved:
1. Validity of assessment order under sections 201(1) and 201(1A) of the Income Tax Act, 1961.
2. Non-collection of Tax Collected at Source (TCS) and interest on TCS under sections 201(1) and 201(1A).
3. Liability of the assessee for TCS collection under section 206C of the Act.
4. Treatment of the assessee as an assessee in default.
5. Adjudication of specific pleas raised by the assessee before the CIT(A).

Detailed Analysis:
1. The appeal challenged the order by the ld. CIT (A) arising from the assessment under sections 201(1) and 201(1A) for the A.Y. 2009-10. The assessee raised multiple grounds of appeal, questioning the validity of the assessment order both in law and on facts.

2. During the hearing, the assessee did not press grounds related to the validity of the assessment order and non-service of show cause notice. These grounds were dismissed as not pressed, leaving ground no. 4 regarding the treatment of the assessee as an assessee in default.

3. Ground no. 4 focused on the Assessing Officer's decision to treat the assessee as an assessee in default for not collecting TCS on scrap sales to dealers, leading to a demand of ?2,74,945. The assessee contended that the purchasing party had considered the amount while computing income and paid taxes, citing relevant legal provisions and case laws.

4. The assessee's challenge before the ld. CIT(A) was unsuccessful, leading to the appeal. The ld. AR argued that the specific plea regarding the retrospective effect of the Finance Act, 2012, and its impact on TCS collection was not addressed by the ld. CIT(A), urging a remittance back for proper adjudication.

5. The Tribunal noted that the ld. CIT(A) did not address the specific plea raised by the assessee regarding the applicability of relevant legal provisions and retrospective amendments. The Tribunal remitted the issue back to the ld. CIT(A) for proper examination after verifying relevant facts through the Assessing Officer, directing the assessee to provide necessary details and documents.

6. The ld. DR supported the lower authorities' orders, emphasizing the applicability of Section 206C to the sale of scrap to dealers. The Tribunal's decision to remit the issue back for adjudication indicates a need for a more thorough analysis of the legal provisions and factual circumstances surrounding the TCS collection on scrap sales.

In conclusion, the Tribunal partially allowed the appeal for statistical purposes, emphasizing the importance of proper adjudication of specific pleas raised by the assessee and the retrospective application of relevant legal provisions. The case highlights the significance of considering all relevant legal aspects and factual details in tax assessment matters to ensure fair and accurate decisions.

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