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2016 (12) TMI 1357 - AT - Income TaxTCS demands - improper collection - Held that:- There is hardly any dispute by now that the instant case is not that of non-collection of TCS but that of improper collection. The assessee has not only filed its all requisite details of TCS collected from its timber buyers, but also it has given all cogent reasons to have sold the timber in question after various discounts, rebates and settlements. We afforded ample opportunity to the Revenue to quote any specific material in the case file for the purpose of rebutting the above stated factual findings. There is no such material in all of assessee’s paper-book which could pin-point any irregularity or infirmity in the above extracted lower appellate findings. It has further come on record that the assessee had collected Form No.27C in support of its TCS collection. The CIT(A) sought a remand report thereupon. The Assessing Officer did not comment any adverse material in his remand report dated 08.06.2012 forming part of the paper-book at pages 81 to 91. We thus uphold CIT(A)’s common order under challenge in both the appeals.
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