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TMI Blog2023 (2) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... ided in section 206C to make a declaration in Form 27C collected from buyers, delay in filing same would not be ground to deny benefit to assessee-company. As in the case of CIT (TDS) vs Siyaram Metal Udyog (P.) Ltd [ 2016 (7) TMI 68 - GUJARAT HIGH COURT] has held that no time limit is provided in section 206C(1A) to make a declaration in Form 27C collected from buyers; mere minor delay in furnishing Form 27C would not make assessee liable for non-collection of TCS. Thus since the assessee had furnished Form 27C before CIT (TDS)-Jamnagar, though belatedly and had also sought to place the same on record during the course of TCS proceedings before the ITO (TDS), the same should have been considered by him at the time of passing of or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C to concerned CIT within prescribed time limit. The tax liability confirmed is totally unjustified on facts as also in law and may kindly be deleted. 16,32,300/- 3 The ld. CIT(A) erred in law as also on facts in confirming charging of interest u/s. 206C(7) of the Act at Rs.12,40,548/-. The interest levied on tax liability determined u/s. 206C(6) is totally unjustified on facts as also in law and may kindly be deleted. 12,40,548/- Your Honour's appellant craves leave to add, to amend, alter, or withdraw any or more grounds of appeal on or before the hearing of appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complying with the provisions of section 206C(1A) of the Act. Therefore, since the ITOTDS did not consider Form 27C, which was furnished before him during the course of TCS proceedings and before passing of order under section 206C(6) and 206C(7) of the Act, the ITO(TDS) has erred in facts and in law in imposing liability to collect tax at source and imposing consequential interest. 4.1 However, Ld. CIT(Appeals) rejected the arguments of the assessee on the ground firstly that in view of the decision of ITAT Rajkot in the case of Bharti Auto Products, section 206C fastens liability on the seller of scrap for collection of tax at source, however, there is no requirement that such a seller should himself generate scrap from manufacture of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aders vs ITO 143 taxmann.com 425 (Rajkot ITAT) which have held that where assessee-company sold scrap to various companies and failed to submit a statement in Form 27C comprising of buyer's declaration to prescribed authority in time, since there was no limit provided in section 206C to make a declaration in Form 27C collected from buyers, delay in filing same would not be ground to deny benefit to assessee-company. In response, the Ld. DR placed reliance on the observations made by Ld. CIT(Appeals) in the appellate order. 6. We have heard the rival contentions and perused the material on record. We observe that the assessee had duly obtained Form 27C, although belatedly from the buyers to whom goods were and the same was submitted b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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