TMI Blog2016 (3) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... d:- 21-3-2016 - SHRI ANIL CHATURVEDI, A.M. SHRI S. S. GODARA, J.M. By Revenue : Shri C. S. Anjaria, Sr. D.R. By Assessee : Shri Chetan Agrawal, A.R. ORDER PER ANIL CHATURVEDI, ACCOUNTANT MEMBER These two appeals filed by the Revenue are against the orders of CIT(A), Jamnagar, dated 26.06.2015 whereby the issue of liability u/s. 206C was decided in favour of assessee and penalty order dated 24.08.2015 for A.Y. 2010-11 whereby penalty levied u/s. 271CA by the A.O. was deleted. 2. The facts as culled out from the material on record are as under. 3. The assessee is an individual and stated to be engaged in the trading of ferrous and non-ferrous metal scrap and brass scrap. During the course of an internal a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 11,83,208/- u/s.271CA of the Act. Aggrieved by the orders of A.O., assessee carried the matter before the ld. CIT(A). Ld. CIT(A) on the issue of 206C, vide order dated 26.06.2015 partly allowed the ground of assessee by holding as under: 6. I have duly considered the submission of the appellant and also gone through the discussion made in the order u/s.206C(6)/206C(7). 6.1 Although I don t agree with the appellant s submission that section 206C(1) is not applicable in trader case, it is very much applicable which has now been clarified in M/s. Bharti Auto case. However, it has also been clarified that late submission of form 27C 27BA does not make the assessee in default, because procedural provisions are generally curative in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest should be calculated in case of all buyers, who have filed Form No.27BA as provide in the above section. 3. The Ld. CIT(A) has erred in law as well as on facts in directing not to treat the assessee in default for non collection of TCS on sale of scrap to manufacturer where Form No.27C have been filed with the department even though the same were filed inordinately late and after the detection of default by the Department. 4. The Ld. CIT(A) has erred in law as well as on facts in directing not to charge interest on sales where form No.27C are filed belatedly and after detection of default by the department. 5. On the facts and in the circumstances of the case, the Ld. CIT(A) ought to have upheld the order of the A.O. pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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