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In the present case the AO himself admitted that the assessee had furnished the copies of the IT returns filed by the buyers and provided the copies of Form No. 27C received from the buyers but the said form were found to be incomplete. However, nowhere it was stated by the AO that the assessee was required to collect the taxes. Therefore, the interest levied by the AO under s. 206C(7) of the Act on the basis that the copies of the Form No. 27C furnished by the assessee were incomplete was not justified. In that view of the matter the interest levied by the AO and sustained by the learned CIT(A) is deleted. the assessee cannot be treated as assessee in default for not collecting TCS from such buyers from whom the assessee received declaration as per provisions of s. 206C(1A) of the Act". Accordingly, the interest levied by the AO under s. 206C(7) of the Act and sustained by the learned CIT(A) is deleted.

Shanti Prime Publication Pvt. Ltd.

Sec. 206C(7) of Income-tax Act, 1961— TDS— from the provisions of section 206C,  it is clear that the interest can be levied @1 per cent per month or part thereof on the amount of such tax from the date on which such taxes was collectable to the Department on which the tax was actually paid, however, in the case of assessee, the AO himself admitted that the assessee had furnished the copies of the IT returns filed by the buyers and provided the copies of Form No. 27C received from the buyers but the said form were found to be incomplete but nowhere it was stated by the AO that the assessee was required to collect the taxes, therefore, the interest levied by the AO under s. 206C(7) on the basis that the copies of the Form No. 27C furnished by the assessee were incomplete was not justified. Assessee cannot be treated as assessee in default for not collecting TCS from such buyers from whom the assessee received declaration as per provisions of s. 206C(1A)—  Rajasthan State Mines & Minerals Ltd. vs. Asstt. CIT [2020] 203 TTJ 764 (JD)

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