Collection of income-tax at source under section 206C of the Income-tax Act, 1961, in respect of profits and gains from the business of trading in alcoholic liquor, forest produce, etc.--Regarding - Income Tax - 585/1990

Collection of income-tax at source under section 206C of the Income-tax Act, 1961, in respect of profits and gains from the business of trading in alcoholic liquor, forest produce, etc.--Regarding Circular No. 585 Dated 27/11/1990 Reference is invited to Board's Circular No.565 [F.No. 275A/ 1/90-IT(B)] dated 11th July, 1990 [printed at [1990] 184 ITR (St.) 166] regarding collection of income-tax at source under section 206C of the Income-tax Act in respect of profits and gains from the business of trading in alcoholic liquor, forest producte, etc., as also to earlier circulars referred in paragraph 1 of Circular No.565. 2. As a result of different systems prevailing in different States, the term "purchase price", used in section 44AC of the Income-tax Act was being understood in different ways. In order to clarify this point, the Finance Act, 1990, has amended the said section to provide that the purchase price would mean any amount (by whatever name called) paid or payable by the buyer to obtain the goods referred to in that section, except the bid amount in an auction. Accordingly, the excise duty paid or payable by the buyer will also form part of the purchase price for the purposes of section 44AC. On the same analogy, the "Nirgam Mulya" or issue price which is paid by a buyer in the State of Uttar Pradesh will also form part of the purchase price. Thus, income-tax will have to be collected at source under the provisions of section 206C by all persons referred to in section 44AC of the Income-tax Act, 1961 (e.g., Central Government, State Government, local authority, corporations, etc.) at the specified rates, with reference to the purchase price including the excise duty, etc. 3. The above amendment has come into force with effect from the assessment year 1991-92 and, therefore, will be applicable to the collections under section 206C made during the financial year 1990-91. 4. The Finance Act, 1990, has further amended section 44AC so as to include a "co-operative society" also within the meaning of the term "seller" as defined therein. The said amendment has also come into effect from the assessment year 1991-92 and will, accordingly, apply to collections made under section 206C during the financial year 1990-91. 5. This may please be brought to the notice of all concerned. In case any assistance is required in this regard, the concerned Assessing Officer or the local Public Relations Officer of the Income-tax Department may be approached. 6. Copies of this circular are available with the Director of Income-tax (RSP PR), 6th Floor, Mayur Bhavan, Connaught Circus, New Delhi. (Sd.) B.E. Alexander, Under Secretary-IT(B),