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2018 (11) TMI 940 - AT - Income TaxLiability for tax collection at source u/s 206C - Held that:- Identical issue was considered by the Tribunal in assessees sister-concerns as stated the assessee had filed W.P. before the Hon’ble High Court that it was not liable for TCS under the provisions of section 206C of the I.T. Act and therefore, the matter was sub judice. In the light of the above factual background, Form No. 27C declarations, needs first to be examined by the AO and he shall forward the same to Principal CIT or CIT as the case may be. AO shall also examine the declarations countersigned by the Chartered Accountant stating that the buyers of timber from the assessee had duly paid the taxes on the same. AO after examining Form 27C declarations and declarations countersigned by the CA, shall take a decision in accordance with law after affording a reasonable opportunity of hearing to the assessee. It is ordered accordingly. Therefore appeals of the assessee are allowed for statistical purposes. We deem it appropriate to admit the additional evidence and restore the issue to the A.O. to consider whether the assessee is liable for tax collection at source u/s 206C - Appeals filed by the assessees are allowed for statistical purposes.
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