2022 (11) TMI 418 - AT - Income Tax

TCS on Scrap - Provisions of section 206C as applicable on traders of scrap - whether CIT(A) has erred upholding the order of AO and rejected the claim of Assessee that provision of Sec. 206(C) shall not be applicable to the assessee as it was his first year of audit and TDS/TCS shall applicable to individual only if accounts are audited in immediate preceding year? - HELD THAT - It is undisputed fact that the assessee is not a manufacturer and the scrap which was sold by the assessee was not from the manufacturing activity. The decision of the Special Bench in case of Bharti Auto Product 2013 (9) TMI 274 - ITAT RAJKOT was observed that scrap means wasted which is definitely not usable as it is. Scrap might have been bought and sold. Scrap might have arisen due to manufacturing activity which is sold. Whatever it may be, it is a fact that the assessee had the scrap for sale. In the present assessee s appeal the assessee has taken reliance on the Circular 18 dated 21.05.2012 was not considered by the Special Bench of the Tribunal. But from the perusal of the said Circular which later issued by the CBDT it is stated that there is no requirement that the goods to be eligible for scrap should be produced/manufacture by the seller itself. In present assessee s case the assessee has not filed prescribed Form 27C thereby exempting the seller to collect tax under Section 206C - Assessing Officer as well as CIT(A) has rightly made tax liability including interest under Section 206C - There is no need to interfere with the findings of the CIT(A). Hence, appeal of the assessee is dismissed.

Summary

Issues:
- Applicability of Section 206C on traders of scrap
- Claim of TCS not applicable in the first year of audit
- Levy of interest under Section 206C(7)

Analysis:

1. The appeal was filed against the order confirming the applicability of Section 206C on traders of scrap. The assessee argued that as a trader, TCS should not apply on the sale of scrap not resulting from manufacturing activity. The Assessing Officer held a tax liability for non-collection of TCS on sales of scrap, which was challenged in the appeal.

2. The claim that TCS should not be applicable in the first year of audit was also raised. The assessee contended that TCS/TDS is only applicable if accounts are audited in the immediate preceding year. However, the CIT(A) upheld the order, leading to a dispute regarding the application of Section 206C in the first audit year.

3. The issue of interest under Section 206C(7) was raised, with the Assessing Officer levying interest on the tax liability. The CIT(A) confirmed this levy, resulting in a challenge by the assessee. The argument centered on whether the interest under Section 206C(7) was justified in the given circumstances.

4. The assessee's delay in filing the appeal was addressed during the proceedings. The delay of 483 days was explained by the assessee due to medical treatment, which was accepted as genuine, leading to the condonation of the delay in filing the appeal.

5. The arguments presented by both parties regarding the applicability of TCS on scrap sales were thoroughly considered. The assessee highlighted relevant provisions and circulars to support their position, while the Department relied on legal precedents and the decision of the Special Bench of the Tribunal.

6. Ultimately, the Tribunal dismissed the appeal of the assessee, upholding the applicability of Section 206C on the sale of scrap. The decision was based on the fact that the scrap sold was not from manufacturing activity, and the assessee did not provide Form 27C to exempt from TCS collection. The Tribunal found no reason to interfere with the findings of the CIT(A) and upheld the tax liability along with interest under Section 206C.

7. In conclusion, the Tribunal's judgment affirmed the tax liability and interest under Section 206C on the assessee for non-collection of TCS on scrap sales, dismissing the appeal. The decision was based on the specific circumstances of the case and the interpretation of relevant legal provisions and circulars.