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2016 (4) TMI 244 - ITAT AHMEDABADDefault u/s 206C(6A) - Tax Collection at Source (TCS) - whether ld. CIT(A) was correct in denying the benefit referred in section 206C(1C) for the sales of ₹ 1,57,60,687/- even when assessee has submitted form no.27C from respective buyers - Held that:- Assessee has duly obtained form 27C for the sales of ₹ 1,57,60,687/- and there is a list of 24 parties shown in the order of ld. CIT(A) at para 5.3 and out of 24 parties in 19 cases column of date shown in part-I is not filled and in the remaining six cases either there is a minor overwriting in the form or wrong date is mentioned. But the fact remains that all the declarations are duly signed, all the necessary details of purchase made by the buyers are correctly entered, details mentioned by the buyers have been duly verified by the assessee and most importantly the figures shown by the buyers in the declaration are duly reflected in the sales account of the assessee which is part and parcel of the audited financial statements and not a single mistake in the above facts have been noticed by the lower authorities. Accordingly, in view of the above discussion and relying on the decision of the co-ordinate bench in the case of Karnataka Forest Dev. Corpn. Ltd. vs. ITO (2015 (7) TMI 908 - ITAT BANGALORE ), we are of the view that the moment assessee has received form no.27C from the buyers his liability to collect TCS @ 1% gets away and the assessee should not be deemed to be in default for any minor clerical mistakes in the forms submitted by the buyers in the given circumstances when there is no variation in the purchase figures shown by the buyers with the sales figure shown by the assessee in its books of account. - Decided in favour of assessee
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