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
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
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
them. We are concerned in these cases with the Explanation Part to sub-section (11) of section 206C of the Act which was inserted ... section 206C sub-section (11) and Explanation of clause (a) 'buyer' and exemption clauses are carefully examined and rightly accepted the case
them. We are concerned in these cases with the Explanation Part to Sub-section (11) of Section 206C of the Act which was inserted ... Section 206C Sub-section (11) and Explanation of Clause (a) 'buyer' and exemption clauses are carefully examined and rightly accepted the case
also insertion of
sub- Section 1(A) to Section 206C . The proviso and inserted sub-
Section (1A) to Section 206C are as follows:
7
Provided ... anything contained in sub-Section (1) of Section 206C(1) , no
collection of tax shall be made in the case of a buyer