PSN AUTOMOBILES PRIVATE LIMITED Versus THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, NEW DELHI AND THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI – 2019 (1) TMI 1022 – KERALA HIGH COURT – TMI – Valuation of supply – motor vehicle – inclusion of tax collected at source (TCS) u/s 206C of income tax in the value of goods and services – charging of tax, duties, cess or fee by the supplier – Held that:- The authority will not act on the clarification at Sl.No.5 of Ext.P1 pending the disposal of the writ petition – however, this arrangement shall be subject to the outcome of the writ petition and without prejudice to the rights of
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
harges levied under any other law in force. 3. Senior Section learned As has been rightly contended by the learned Standing Counsel for the Customs Department, 15(2)(a) is expansive. Yet Sri Gopinathan, the Senior Counsel for the petitioner, has submitted that the amount of 1% the dealer collects from the purchaser of a car worth more than ten lakhs, under Section 206C(1F) of the Income Tax Act, cannot be treated as an integral part of the value of the goods and services supplied by the petitioner. According to him, the petitioner, as the dealer of the motor vehicle, acts only as an agent for the State to collect the income tax under Section 206C(1F). And that amount will eventually goes to the vehicle purchaser's credit. 4. In this con
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =