TMI Blog2018 (12) TMI 574X X X X Extracts X X X X X X X X Extracts X X X X ..... enue Department stands allowed. - M.A Nos.14 & 15(Asr)/2018 And Arising out of I.T.A Nos.131 And 132 (Asr)/2015 - - - Dated:- 4-12-2018 - SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER For The Appellant : Sh. Charan Dass (Ld. DR) For The Respondent : Sh. M.R. Bhagat ORDER PER N.K.CHOUDHRY, JM: By filing the instant Misc. Applications, the Revenue Department seeks rectification of the order dated 03.08.2017 passed by the Co-ordinate Bench in ITA NO.131(Asr)/2015 for Asst. Year:2011-12. 2. At the outset, objection has been raised by the assessee that the said application filed u/s 254(2) is barred by limitation as the same was supposed to file within six months from the end of the month in which the order was passed, however, it revealed that the said application was filed only on 25th May, 2018 whereas, the order was passed on 03.08.2017. According to amended provision, the application was supposed to file within six months i.e., up to 28.02.2018. 3. In the instant case, the application for rejection was filed on 22.01.2018 which was processed. Vide letter dated 26.02.2018 defects have been informed to the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing lot or toll plaza or mine or quarry for the purpose of business shall, at the time of debiting of the amount payable by the licensee or lessee to the account of the licensee or lessee or at the time of receipt of such amount from the licensee or lessee in cash or by the issue of a cheques or draft or by any other mode, whichever is earlier, collect from, the licensee or lessee of any such license, contract or lease of the nature specified inn column (2) of the Table below, a sum equal to the percentage, specified in the corresponding entry in column (3) of the said Table, of such amount as income-tax . Table SI. No. Name of contract or license or lease, etc Percentage (1) (2) (3) (i) Parking lot Two Per cent (ii) Toll plaza Two per cent (iii) Mining and quarrying Two per cent The Assessing Officer and Ld. CIT(A) applied the provisions of section 206AA of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to in sub-section (10) responsible for collecting tax in accordance with the provisions of this section, who fails to collect the whole or any part of the tax on the amount received from a buyer or licensee or lessee or on the amount debited to the account of the buyer or licensee or lessee shall not be deemed to be an assessee in default in respect of such tax if such buyer or licensee or lessee. ( i) has furnished his return of income under section 139; ( ii) has taken into account such amount for computing income in such return of income; and ( iii) has paid the tax due on the income declared by him in such return of income, and the person furnishes a certificate to this effect from an accountant in such form as may be prescribed:] Therefore, we direct the Assessing Officer to keep in view the above provisions also so that in case where the assessee had not collected tax at source even then tax can not be collected from him, if the above conditions are fulfilled by such contractors. 5. However, the case of the Applicant/Department is that the proviso to Sec.206C(6A) which is wrongly typed as 206(9C)6A/206C(1C)6A in the impugned order, was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said Table, of such amount as income-tax. 206(1C) Every person, who grants a. lease or a license or enter into a contract or otherwise transfers any right or interest either in whole or in part in any parking lot or toll plaza or mine or quarry, to another persons, other than a public sector company (hereinafter in this section referred to as licensee or lessee ) for the use of such parking lot or toll plaza or mine or quarry for the purpose of business shall, at the time of debiting of the amount payable by the licensee or lessee to the account of the licensee or lessee or at the time of receipt of such amount from the licensee or lessee in cash or by the issue of a cheques or draft or by any other mode, whichever is earlier, collect from, the licensee or lessee of any such license, contract or lease of the nature specified inn column (2) of the Table below, a sum equal to the percentage, specified in the corresponding entry in column (3) of the said Table, of such amount as income-tax . Table SI. No. Name of contract or license or lease, etc Percentage ..... X X X X Extracts X X X X X X X X Extracts X X X X
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