Tribunal held that the assessee having filed the
statutory form, viz., Form 27C, the technical breach was liable to be
condoned by folio wing ... Tribunal held that the assessee having filed the
statutory form, viz., Form 27C, the technical breach was liable to be
condoned by folio wing
assessee. Ld. representative submitted that out of the total 24
forms of form 27C for sales of Rs.1,57,60,687/- not a single ... section 206C(1A) , 206(1B) and rule 37C which prescribed Form 27C.
ITA No. 2201/Ahd/2015 5
Asst. Year 2006-07
"206C. Profits
learned
CIT(A) erred by allowing benefit of late filing of form 27C only
till date of remand proceedings but not thereafter.
3. That ... those forms.
15. Accordingly I direct the AO to grant the assessee two months more time
to furnish form No. 27BA and 27C. Thereafter
Tribunal has noted in paragraph 3
that the assessee had obtained Form 27C from the buyers of the cotton waste. In the
course ... Tribunal held
that the assessee having filed the statutory form, viz., Form 27C, the technical
breach was liable to be condoned by following the decision
scrap, on the
ground that the assessee had not submitted form27C
comprising of the buyer's declaration to the
Commissioner of Income ... thus, emerges that admittedly the assessee had
submitted form 27C collected from the buyers. There
was no dispute about the genuineness of the contents
thereof
respondent, quash the same and direct the first
respondent to consider Form 27C submitted by the petitioner.
!For petitioners : Mr.Reghavan Ramachandran
made as per provisions of Section 206C nor
any declaration in form No. 27C was filed on or before 7th of the month
following ... actual users/manufacturers.
Then, the company should have obtained declaration in Form 27C
from the buyer and should have furnished the same within 7 days
default as the sales are made to
manufactures against Form No.27C and to buyers against lower TCS
certificates issued by the department ... submissions, however, no evidence in the form
of list of buyers along with copies of form No.27C has been furnished. The appellant has also
adequate
and reasonable opportunity to the appellant to file certificates in Form
no.27C and/or Form no. 27 BA in terms of section 206C ... considering that the assessee neither
collected TCS nor obtained Form 27C as per Rule 37C from the
buyers and forwarded it CCIT/CIT in time
observed that
in the remand proceedings, the appellant produced declarations in form
No.27C before the A.O. which is a fact evident from ... account of quality, then they give us
declaration in form 27C for Rs. 98/-and we show Rs. 2/- as
discount, rebate and settlement
