Tcs on highseas sale of scrap

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

07 January 2015 Dear Sir,

I have a query that whether TCS is to be collected in case of highseas sale of brass scrap ?

Further, please provide the relavant judements or opinion if any.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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07 January 2015 no, as only those scrap which comes out from manufacturing activity is within the ambit of sec 206C

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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08 January 2015 No TCS on High Sea Sales whether generated from Manufacturing Activity or not.

The Income Tax Act 1961 extends to whole of India.

India is defined in section 2(25A)

[(25A) "India" means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed and subsoil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), and the air space above its territory and territorial waters;]

Therefore High Sea Sales are outside the purview of TCS.

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