1992 (9) TMI 31

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..... r identical writ applications. In this application, the petitioner is a retail licence vendor in country spirit which is alcoholic liquor for human consumption. He purchases the country spirit from the respondent wholesaler. The writ application has been filed for a declaration, inter alia, that, in terms of section 206C of the Income-tax Act, 1961 (in short, "the Act" hereinafter), the wholesal .....

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..... learned counsel appearing on behalf of the Income-tax Department, has fairly conceded that, in view of the definition of "seller" referred to above, if the status of the wholesaler for the purpose of the Income-tax Act, 1961, is that of "individual" or "Hindu undivided family" or "association of persons" then such wholesaler cannot collect any amount as income-tax under section 206C of the Act. .....

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..... n for the Department to take such action against him as may be permissible in law. We may further make it clear that this order is being passed keeping in view the amendments made by reason of the Finance Act, 1992, in terms whereof section 44AC has since been deleted and section 206C has been substituted with effect from April 1, 1992. It goes without saying that the matter relating to collecti .....

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