terms of the Finance Act , of 1988, Section 206C was introduced. Section 44AC and Section 206C were subjected to the Constitutional test in Court ... that Section 206C provides for 4 categories of buyers and petitioners stood excluded from the scope of Section 206C . According to petitioners, Section 206C
facts of the case in not considering that the present case fall under u/s
206C(1A) r/w Rule 37C in as much ... assessment
proceedings u/s 206C(6) / 206C(7) of the Act for TCS defaults."
3. Briefly stated, the facts of the case are that
provision found place in section 206C as Explanation. Thus, earlier proviso to section 44AC has now become Explanation to section 206C. In principle, however, there ... opinion, deletion of section 44AC and insertion thereof in section 206C did not change the legal position. Explanation to section 206C virtually did the same
carved out in the proviso to Sub-section (1) of Section 206C is not applicable in their case.
3. The petitioners' case is that ... carved out in the proviso to Sub-section (1) of Section 206C is not applicable in such cases. A copy of the letter withdrawing
issued only U/s 206C(6)/206C(7) for the reason that the default, if any
was found U/s 206C(6) for non collection ... limitation provisions provided under
section 206C of the Act.
19. Even though the provisions of section 201 and section 206C are
separate and independent provisions
advancing revenues case whereas Ramjee Prasad Sahu 's case (supra) dealt with the provisions of section 206C as were introduced by the Finance ... case (supra) which in turn had taken into account State of Bihars case (supra) observing that the provisions of sections 44AC and 206C as they
section (1) of section 246 of the Income Tax Act, so far as order under sub-sections (6) and (7) of section 206C ... order passed under section 206C(I) read with section 206C(7) of the Income Tax Act, 1961, is appeal able under section
place in Section 206C as an Explanation. Thus, the earlier proviso to Section 44AC has now become the Explanation to Section 206C . In principle, however ... deletion of Section 44AC and insertion thereof in Section 206C did not change the legal position. The Explanation to Section 206C virtually did the same
them. We are concerned in these cases with the Explanation Part to sub-section (11) of section 206C of the Act which was inserted ... Explanation to the above section of the Act. Sub-section (1) of section 206C of the Act, inter alia, provides collection of tax at source
word seller is absent in Section 206C(1C) , it is said that the word "person" in Section 206C(1C) does not include ... from a reading of the proviso to Sub-section (5B) of Section 206C .
16. m the case of State of Punjab
