Maliwal Bherulal Jagnnath v. ITO

Parties Involved

Facts Summary

The assessee, Maliwal Bherulal Jagnnath, is engaged in the business of scrap. During the assessment year 2012-13, the assessee sold scrap to the tune of Rs. 25,42,09,224/- in the financial year 2011-12. The assessing officer determined that the assessee had not collected TCS on such sale, amounting to Rs. 25,42,092/-. The assessee appealed this decision, arguing that they had submitted Form 27C declarations and that the delay in filing should not defeat their claim for non-collection of TCS. The Commissioner of Income Tax (Appeals) confirmed the assessing officer's decision, leading to the assessee's appeal to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the assessee's delay in filing Form 27C declarations should result in the imposition of TCS liability.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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