MANOJ KUMAR JAIN PROP. MS BAJAJ RE ROLLING MILLS,KOTA vs. ITO(TDS), KOTA, KOTA

ITA 592/JPR/2023Status: DisposedITAT Jaipur19 December 2023AY 2017-18Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)13 pages
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What did the Tribunal hold?

The Tribunal held that the delay in filing Form 27C was a technical breach that could be condoned, especially when the buyer had filed their return and accounted for the income. For interest payments, the assessee was given an opportunity to furnish a certificate from an accountant.

What were the facts?

The assessee, a scrap dealer, was found to have sold scrap without collecting tax at source and obtaining Form 27C. The Assessing Officer raised demands under sections 201(1)/201(1A) for non-collection of tax. The CIT(A) dismissed the appeal for one year, stating no submissions were filed, while deciding other years on merit.

What were the issues?

Whether the assessee is liable for TCS when Form 27C was filed belatedly, and whether an opportunity should be granted to furnish a certificate under the proviso to Section 201(1) for non-deduction of TDS on interest payments.

Which sections of the Income-tax Act were involved?

Section 206C,Section 201(1),Section 201(1A),Section 139,Section 194A

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Income Tax Appellate Tribunal, JAIPUR BENCHES,”A” JAIPUR

Before: HON’BLE SHRI SANDEEP GOSAIN, JM &

For Appellant: Shri P.C. Parwal, CA jktLo dh vksj ls@
Hearing: 01/11/2023Pronounced: 19/12/2023

PER BENCH : These appeals by the assessee are directed against the three separate orders dated 01.08.2023 of ld. CIT (A), National Faceless Appeal Centre (NFAC), Delhi passed under section 250 of the IT Act, 1961 for the assessment years 2016-17, 2017-18 & 2018-19. The asses

The order continues below.

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