9911796707
TMI Blog2025 (2) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... ly filed in and signed by the declarant? HELD THAT:- The 'declarant' in Form-27C is the 'purchaser' and not the 'seller' Quite clearly, the phrase 'verified in the prescribed manner' in the scheme of the Act and the Rules, mean that the verification/ declaration is to be made by the purchaser who is providing the signed/ verified form to the seller, and neither the Act, nor the Rules, in any manner lay down that any verification whatsoever is to be done by the seller, as is being sought to be contended by the Revenue. There is no question of law, much less any substantial question of law involved in the instant appeal, as, what is being contended by the Revenue is clearly de hors what is laid down in section 206C (1A) of the Act read wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred in holding that the assessee company is not responsible for verification of Form 27C if it is duly filed in and signed by the declarant ignoring the fact that Form 27C is widely misused and coal are utilized for trading purpose? c. Whether on the facts and in law, the learned Tribunal has erred in deleting the entire demand of 'TCS' by holding that the Revenue authorities have wrongly treated the company as "assessee in default" under section 206C of the Act? d. Whether on the facts and in law, the learned Tribunal has erred in ignoring the provisions that "if such buyer furnishes to the persons responsible for collecting tax, a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner" ment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re calculated for each Assessment Year pertaining to A.Y. 2013-14 to A.Y. 2018-19 separately? 4. Though, the Revenue has proposed as many as nine substantial question of law in the instant appeal, the fulcrum of the Revenue's appeal is the interpretation of section 206C of the Act. As per the Revenue, under section 206C (1A) of the Act, the verification of the declaration to be furnished by the purchaser is to be done by the seller (i.e. the assessee in the instant matter). 5. The relevant portion of the section 206 C of the Act reads as under: (1-A)"Notwithstanding anything contained in sub-section, no collection of tax shall be made in the case of a buyer, who is resident in India, if such buyer furnishes to the person responsible fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act and the Rules, mean that the verification/ declaration is to be made by the purchaser who is providing the signed/ verified form to the seller, and neither the Act, nor the Rules, in any manner lay down that any verification whatsoever is to be done by the seller, as is being sought to be contended by the Revenue. 9. Further, the learned tribunal has rightly considered this entire issue and has also referred to the judgment of this Hon'ble Court in the case of M/s Atibir Industries Co. Ltd., Giridih vs. The Central Coalfields Limited & Ors. [WPC No. 46/2018, order dt. 03.12.2018] which is relevant for the instant matter. The learned Tribunal has rightly held at paragraph-18 of the impugned order: "....We are, therefore, of the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
