Assessee cannot legally collect TCS from buyers who furnishes section 206C(1A) declaration

K.P.G. Enterprise Vs ITO (ITAT Ahmedabad)

ITAT find force in the contention of the assessee that once the declaration referred to in section 206C(1A) was received by the assessee, then thereafter the assessee could not legally collect the TCS from such buyers and consequently the assessee cannot be treated as an assessee in default for not collecting TCS from such buyers. The above view finds support from the decision of the Hon’ble Gujarat High Court in the case of CIT Vs. Valibhai Khanbhai Mankad (2013) 261 CTR 538 (Guj.

Please become a Premium member. If you are already a Premium member, login here to access the full content.