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2016 (1) TMI 1110 - AT - Income TaxAdditions made u/s.206C(1) on account of non-collection of TCS on sale of scrap - interest charged u/s.206C(7) - whether the CIT(A) has erred in accepting the assessee’s argument on merit submitting belated Form No.27C along with consequential interest? - Held that:- We make it clear in Revenue’s appeal that there is no substantive ground challenging lower appellate findings of the CIT(A)’s order clarifying that a part of its high seas sales is already covered in earlier survey. There is also no dispute about the fact that the assessee has belatedly submitted relevant Form No.27C collected from its buyers. The same were placed on record before the Assessing officer itself who declined to accept the same in view of delay in submission thereof. There is no issue qua genuineness of these Forms. We find that the co-ordinate Bench decision of Tribunal (supra) already holds that such a belated submission of relevant Form is a procedural lapse only. The Revenue is unable to point any distinction on facts or law therein. We accordingly see no reason to interfere with lower appellate findings remitting the issue back to the Assessing Officer for adjudication afresh as per law. The Revenue’s corresponding ground accordingly fails. The Revenue’s next argument seeks to restore interest component of the above stated impugned demand. We are of the view that this issue is a consequential one only. We uphold lower appellate findings qua this interest issue as well. - Decided against revenue Challenging applicability of section 206C we have already extracted hereinabove Special Bench finding in the case of M/s. Bharti Auto Products vs. CIT [2013 (9) TMI 274 - ITAT RAJKOT ] rejecting an identical plea. The assessee fails in pointing out any distinction on facts or law therein - Decided against assessee
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