BILAKHIA HOLDING P LTD,VAPI vs. THE JT.CIT.,VAPI RANGE,, VAPI

In the result, the appeal of the assessee is allowed for assessment year 2010-11

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.507/Ahd/2013: िनधा"रण वष"/Assessment Year: 2008-09 आ.अ.सं/.I.T.A.No.1415Ahd/2015: िनधा"रण वष"/Assessment Year: 2009-10 आ.अ.सं/.I.T.A No.1416/Ahd/2015:िनधा"रण वष"/Assessment Year: 2010-11 आ.अ.सं/.I.T.A No.795/Ahd/2016: िनधा"रण वष"/Assessment Year: 2011-12 M/S. Bialkhia Holdings Pvt. Vs. Addl.Cit Range - Vapi / Ltd., Bilakhia House, Assistant Commissioner Of Muktanand Marg, Chala Income Tax Vapi Circle Vapi, Vapi, Gujarat. Shivam Commercial Complex, [Pan: Aadcs 4420 J] National Highway No.8, Vapi. अपीलाथ" Appellant ""यथ"/Respondent

transfer pricing mandate that such loan be bench marked in terms of arm’s length price of the loan. A loan per se cannot be termed as quasi equity and the assessee may claim zero bench marking under this Bilakhia Holdings Pvt. Ltd. v. ACIT- Vapi/ I.T.A.No.507/Ahd/2013/AY08-09/A.Y. 08-09 I.T.A.No’s.1415 & 1416/Ahd/2015/A.Y. 09-10 & 10-11 AND I.T.A.No.795/Ahd/2016/A.Y

BILAKHIA HOLDINGS PVT. LTD.,,VAPI vs. THE ADDL.CIT.,VAPI RANGE,, VAPI

In the result, the appeal of the assessee is allowed for assessment year 2010-11

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.507/Ahd/2013: िनधा"रण वष"/Assessment Year: 2008-09 आ.अ.सं/.I.T.A.No.1415Ahd/2015: िनधा"रण वष"/Assessment Year: 2009-10 आ.अ.सं/.I.T.A No.1416/Ahd/2015:िनधा"रण वष"/Assessment Year: 2010-11 आ.अ.सं/.I.T.A No.795/Ahd/2016: िनधा"रण वष"/Assessment Year: 2011-12 M/S. Bialkhia Holdings Pvt. Vs. Addl.Cit Range - Vapi / Ltd., Bilakhia House, Assistant Commissioner Of Muktanand Marg, Chala Income Tax Vapi Circle Vapi, Vapi, Gujarat. Shivam Commercial Complex, [Pan: Aadcs 4420 J] National Highway No.8, Vapi. अपीलाथ" Appellant ""यथ"/Respondent

transfer pricing mandate that such loan be bench marked in terms of arm’s length price of the loan. A loan per se cannot be termed as quasi equity and the assessee may claim zero bench marking under this Bilakhia Holdings Pvt. Ltd. v. ACIT- Vapi/ I.T.A.No.507/Ahd/2013/AY08-09/A.Y. 08-09 I.T.A.No’s.1415 & 1416/Ahd/2015/A.Y. 09-10 & 10-11 AND I.T.A.No.795/Ahd/2016/A.Y

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT vs. ANTRIX DIAMOND EXPORTS PVT. LTD.,, MUMBAI

In the result, these three appeals filed by the Revenue are dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.176 To 178/Srt/2022 Assessment Years: (2012-13 To 2014-15) (Physical Hearing) The Acit, Central Circle-3, Vs. Antrix Diamond Exports Pvt. Ltd., Surat. 1006, Free Press Mark, Raheja Centre Nariman Point, Mumbai – 400021. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaca3403G (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Ms Ekta Sanghvi, Ca Revenue By Shri Ashok B. Koli, Cit(Dr) Date Of Hearing 10/02/2023 21/03/2023 Date Of Pronouncement

transfer pricing proceedings. Consequently, the TPO also levied penalty u/s.271G of the I.T. Act. The ld DR pointed out that Ld.CIT(A) was not justified in deleting the penalty of Rs.5,23,62,122/- on account of International Transactions of Rs.2,61,81,06,063/-. The Ld.CIT(A) was not justified in allowing benefit to assessee that peculiar facts related

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT vs. ANTRIX DIAMOND EXPORTS PVT. LTD.,, MUMBAI

In the result, these three appeals filed by the Revenue are dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.176 To 178/Srt/2022 Assessment Years: (2012-13 To 2014-15) (Physical Hearing) The Acit, Central Circle-3, Vs. Antrix Diamond Exports Pvt. Ltd., Surat. 1006, Free Press Mark, Raheja Centre Nariman Point, Mumbai – 400021. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaca3403G (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Ms Ekta Sanghvi, Ca Revenue By Shri Ashok B. Koli, Cit(Dr) Date Of Hearing 10/02/2023 21/03/2023 Date Of Pronouncement

transfer pricing proceedings. Consequently, the TPO also levied penalty u/s.271G of the I.T. Act. The ld DR pointed out that Ld.CIT(A) was not justified in deleting the penalty of Rs.5,23,62,122/- on account of International Transactions of Rs.2,61,81,06,063/-. The Ld.CIT(A) was not justified in allowing benefit to assessee that peculiar facts related

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT vs. ANTRIX DIAMOND EXPORTS PVT. LTD.,, MUMBAI

In the result, these three appeals filed by the Revenue are dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.176 To 178/Srt/2022 Assessment Years: (2012-13 To 2014-15) (Physical Hearing) The Acit, Central Circle-3, Vs. Antrix Diamond Exports Pvt. Ltd., Surat. 1006, Free Press Mark, Raheja Centre Nariman Point, Mumbai – 400021. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaca3403G (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Ms Ekta Sanghvi, Ca Revenue By Shri Ashok B. Koli, Cit(Dr) Date Of Hearing 10/02/2023 21/03/2023 Date Of Pronouncement

transfer pricing proceedings. Consequently, the TPO also levied penalty u/s.271G of the I.T. Act. The ld DR pointed out that Ld.CIT(A) was not justified in deleting the penalty of Rs.5,23,62,122/- on account of International Transactions of Rs.2,61,81,06,063/-. The Ld.CIT(A) was not justified in allowing benefit to assessee that peculiar facts related

ACIT, CIRCLE-2(1)(1), INCOME TAX DEPARTMENT vs. S D MATERIAL HANDLERS PRIVATE LIMITED, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.499/Srt/2023 (िनधा"रणवष" / Assessment Year: (2013-14) (Hybrid Hearing) Assistant Commissioner Of M/S S D Material Handlers Pvt. Ltd. Income-Tax, Circle-2(1)(1), Surat Vs. 405-408, Shivalik Western, L.P. Room No.612, 6Th Floor, Aayakar Savani Road, Adajan Adajan Bhavan, Near Majura Gate, Bo, Surat-395009 Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccd 3481B (अपीलाथ" /Assessee) (""थ"/Respondent)

price (ii) Recuring annual tax @ 200 + Rs.400/- per every 1000 kgs or part thereof exceeding 2000 kgs. Further, assessing officer has also noticed that the assessee has not debited any amount against RTO tax in its Profit & Loss account for the year under consideration though following capitalization method for sale value of cranes. The assessee-company has not submitted anything

HUBERGROUP INDIA PRIVATE LIMITED,VAPI vs. PR. COMMISSIONER OF INCOME TAX, VALSAD

In the result, appeal of the assessee is dismissed

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.133/Srt/2022 (Ay 2018-19) (Hearing In Virtual Court) Hubergroup India Pvt. Ltd. Principal Commissioner Of Plot No.808/E, Phase-Ii, Income Tax, Valsad, Room Vs Gidc, Vapi-396195 No.301, 3Rd Floor, Income Tax Pan No. Aaach 7063 F Office, Palak Arcade, Pali Hill, Santi Nagar, Tithal Road, Valsad-396001 ""थ" /Respondent अपीलाथ"/Appellant

Pricing Report furnished by the assessee, reporting the International Transaction of assessee with its AE. The assessee also reported specific domestic transaction (SDT for short) of Rs.47.78 crores. The Assessing Officer made reference for computation of ALP about the International Transaction with various AEs under section 92CA(3) vide order dated 31.07.2021. The TPO suggested the 9 Hubergroup India

INCOME TAX OFFICER WARD - 1(1)(1), SURAT vs. V R SURAT PVT. LTD. FORMERLY KNOWN AS M/S DHANLAXMI INFRASTRUCTURE PVT. LTD., SURAT

In the result, cross objection filed by the assessee (in CO

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.329/Srt/2022 Assessment Year: (2015-16) (Physical Hearing) Income Tax Officer, Ward- Vs. V R Surat Pvt. Ltd. 1(1)(1), Surat, Room No.111, 1St (Formerly Known As M/S. Floor, Aayakar Bhawan, Majura Dhanlaxmi Infrastructure Pvt. Gate, Surat-395001 Ltd.,).F. No.29, Virtuous Retail, Surat Dumas, Nr. Dumas Resort, Magdalla, Surat– 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccd5578R (Assessee) (Respondent) ""या"ेप. सं./Co No.16/Srt/2022 [Arising Out Of Ita No.329/Srt/2022] Assessment Year: (2015-16)

transfer of FCCDs was also filed. It was pointed out that the coupon rate on such FCCDs remained unchanged at 15% p.a in the case of this third party. It also brought to notice, although this was not a TP matter for the balance period, as the new debenture holder was not an AE, the interest rate payment

SHREE KHEDUT SAHAKARI KHAND UDYOG MANDLI LTD.,BARDOLI vs. INCOME TAX OFFICER, WARD-1, BARDOLI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

transfer of profits effected by payment of\nSugarcane purchase price at the rate over and above the Fait ano\nRemunerative Price (FRP) holding that profit element embedded in the\nsugarcane purchase price paid to the member farmer is Rs.7,23,50,683/-\n@ Rs.75/- per MT for 9,64,675.77 MT sugarcane purchased from member\nfarmers when deduction of Rs.75

SAHAKARI KHAND UDUOG MANDAL LTD.,NA vs. ARIVS.DCIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

transfer of profits effected by payment of\nSugarcane purchase price at the rate over and above the Fait ano\nRemunerative Price (FRP) holding that profit element embedded in the\nsugarcane purchase price paid to the member farmer is Rs.7,23,50,683/-\n@ Rs.75/- per MT for 9,64,675.77 MT sugarcane purchased from member\nfarmers when deduction of Rs.75

ACIT, NA vs. ARI CIRCLE, NAVSARIVS.M/S. MAROLI VIBHAG KHAND UDYOG SAHAKARI MANDALI LTD.,, NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

transfer of profits effected by payment of\nSugarcane purchase price at the rate over and above the Fait ano\nRemunerative Price (FRP) holding that profit element embedded in the\nsugarcane purchase price paid to the member farmer is Rs.7,23,50,683/-\n@ Rs.75/- per MT for 9,64,675.77 MT sugarcane purchased from member\nfarmers when deduction of Rs.75

MAROLI VIBHAG KHAND UDYOG SAHAKARI MANDALI LTD,.,NA vs. ARIVS.ACIT, NAVSARI CIRCLE, , NAVSARI

transfer of profits effected by payment of\nSugarcane purchase price at the rate over and above the Fait ano\nRemunerative Price (FRP) holding that profit element embedded in the\nsugarcane purchase price paid to the member farmer is Rs.7,23,50,683/-\n@ Rs.75/- per MT for 9,64,675.77 MT sugarcane purchased from member\nfarmers when deduction of Rs.75

SAHAKARI KHAND UDYOG MANDAL LTD.,,GANDEVI vs. ACIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

transfer of profits effected by payment of\nSugarcane purchase price at the rate over and above the Fait ano\nRemunerative Price (FRP) holding that profit element embedded in the\nsugarcane purchase price paid to the member farmer is Rs.7,23,50,683/-\n@ Rs.75/- per MT for 9,64,675.77 MT sugarcane purchased from member\nfarmers when deduction of Rs.75

SAHADARI KHAND UDYOG MANDAL LTD.,,NA vs. ARIVS.ACIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

transfer of profits effected by payment of\nSugarcane purchase price at the rate over and above the Fait ano\nRemunerative Price (FRP) holding that profit element embedded in the\nsugarcane purchase price paid to the member farmer is Rs.7,23,50,683/-\n@ Rs.75/- per MT for 9,64,675.77 MT sugarcane purchased from member\nfarmers when deduction of Rs.75

ACIT, NA vs. ARI CIRCLE, NAVSARIVS.M/S. MAROLI VIBHAG, KAND UDYOG SAHAKARI MANDALI LTD., NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

transfer of profits effected by payment of\nSugarcane purchase price at the rate over and above the Fait ano\nRemunerative Price (FRP) holding that profit element embedded in the\nsugarcane purchase price paid to the member farmer is Rs.7,23,50,683/-\n@ Rs.75/- per MT for 9,64,675.77 MT sugarcane purchased from member\nfarmers when deduction of Rs.75

JITENDRAKUMAR AMBELAL PATEL,NA vs. ARIVS.ITO, WARD-3, NAVSARI

In the result, the appeal of the assessee is partly allowed for e appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2009-2010 Jitendrakumarambelal Patel Ito, Ward-3, 52, Kanbiwad. At & Po-Pananj, Room No. 108, Swapnalok Soc., Tal-Chikhli, Navsari-396521 Vs. Near Kaliawadi Bridge, Navsari - 396521 Pan No. Bncpp 7509 R Appellant Respondent

Section 147. 6.4 We, therefore, find no infirmity in the reopening of the We, therefore, find no infirmity in the reopening of the We, therefore, find no infirmity in the reopening of the assessment. Accordingly, assessment. Accordingly, Ground No. 1 of the appeal stands Ground No. 1 of the appeal stands dismissed. Addition of ₹46,05,680/- in respect

SHREE NARMADA KHAND UDYOG SAHKARI MANDALI LTD.,NARMADA vs. INCOME TAX OFFICER, WARD - 2(1), BHARUCH

In the result, the grounds of appeal raised by the assesse are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

11. The ld. Senior Counsel for the assessee finally submits that the decision of Hon’ble Apex Court in CIT Vs Tasgaon Taluka S.S.K. Ltd. 412 ITR 420 is not applicable in all these appeals. In the said case, the issue before the Hon’ble Court was whether sugarcane price paid Shree Narmada Khan Udyog Sahkari Mandali

SHREE NARMADA KHAND UDYOG SAHKARI MANDALI LTD.,NARMADA vs. INCOME TAX OFFICER, WARD - 2(1), BHARUCH

In the result, the grounds of appeal raised by the assesse are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

11. The ld. Senior Counsel for the assessee finally submits that the decision of Hon’ble Apex Court in CIT Vs Tasgaon Taluka S.S.K. Ltd. 412 ITR 420 is not applicable in all these appeals. In the said case, the issue before the Hon’ble Court was whether sugarcane price paid Shree Narmada Khan Udyog Sahkari Mandali