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Excise duty not payable on TCS collected from buyer of scrap
Case Law Details
- Case Name
- Yashraj Containeurs Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Ahmedabad
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Yashraj Containeurs Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)
Revenue sought to include the TCS collected by the appellant from the buyer of scrap in the assessable value for charging Excise Duty. The said TCS is collected and deposited to the income tax department in terms of Section 206C of Income Tax Act, 1961.
From the pain reading of Section 206C it is clear that the amount collected as TCS has nothing to do with the price of the goods but it is a tax collected from the buyer of the scrap and the same is deposited in the income tax department, therefore, the amount coll...
