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2011 (9) TMI 254 - HC - Income TaxFailure to Collection tax at Source (TCS) u/s 206C - sale of Indian Made Foreign Liquor to retailers - credit of TCS to buyer - Held that:- though assessee collects the tax and remit the money to the Government, the said amount remitted will be to the account of the buyer. In other words, the said amount will be given deductions towards the tax payable by the buyer. - it is necessary to find out whether the buyer has paid tax in accordance with the provisions of the Act and only in the event the buyer has not paid the tax then the authorities can proceed against the assessee who was under the obligation to collect tax and remit to the Government. It is well-settled law that there cannot be any double payment of tax. - ITAT remitted the case to undertake this exercise - order of ITAT sustained - appeal dismissed.
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