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CMA Final · Direct Tax Laws and International Taxation · Collection, Recovery and Refund of Tax

A resident buyer, Kaveri Castings Ltd, purchases scrap from a seller and gives a written declaration in duplicate that the scrap will be used for manufacturing and not for trading. What is the consequence under the Income-tax Act, 2025?

No tax is collected on the scrap sale because the resident buyer has given the manufacturing-use declaration. However, the seller must deliver one copy of the declaration to the specified Commissioner on or before the seventh day of the month following the month of receipt.

  1. AThe seller must still collect tax at 2%
  2. BThe seller does not collect tax and must deliver one copy of the declaration to the Commissioner by the seventh day of the following monthCorrect
  3. CThe seller collects tax at half the normal rate
  4. DThe seller does not collect tax and need not forward the declaration to any authority

Explanation

Under section 394(2), no tax is collected on Sl. Nos. 1 to 5 (including scrap) from a resident buyer who furnishes the declaration of use for manufacturing, not trading. Under section 394(3), the seller delivers one copy to the Commissioner by the seventh day of the month following receipt of the declaration. The last option wrongly drops this duty.

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