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2017 (8) TMI 1182 - AT - Income TaxTCS u/s 206C - TCS & interest liability where the buyer has paid the taxes - sale of ship-breaking scrap - scrap is sold to manufacturers who have given declaration in Form No. 27C - failure to furnish Form No. 27C under Rule 37C in time - CIT(A) following the decision of ITAT Jaipur Bench in his own case [2016 (8) TMI 952 - ITAT JAIPUR] remanded back the matter to AO with direction. Held that:- Earlier, In its own case, ITAT has ordered that, "AO is directed to verify such cases where certificates as per Proviso to 206C(6A) are furnished and if in such cases the advance tax deposited by the buyer is more than the tax required to be deducted by the assessee then in that case no interest u/s 206C(7) should be charged." There is contrary material whatever reported by the ld. CIT(A) in his order, therefore in absence of any material against the finding of the ld. CIT(A), I have no alternate but to concur with the finding of the ld. CIT(A) - Decided against the revenue.
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