MICRO INKS PVT. LTD., ( FORMERLY KNOWN AS MICRO INKS LTD.),VAPI vs. THE INCOME TAX OFFICER, ( INTL. TAXN.), SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Hon'Ble & Shri O.P.Meena, Hon'Bleआ.अ.सं./I.T.A No.2375/Ahd/2014 "नधा"रण वष"/Assessment Year: 2012-13 The Income Tax Officer, V Micro Inks Limited, (International Taxation), Surat. S. Bilakhia House, Muktanand Marg, Chala, Vapi – 396 191. [Pan: Aaach 7063 F] अपीलाथ" / Appellant ""यथ"/Respondent आ.अ.सं./I.T.A No.2707/Ahd/2014 "नधा"रण वष"/Assessment Year: 2012-13 Micro Inks Limited, V The Income Tax Officer, Bilakhia House, Muktanand S. (International Taxation), Marg, Chala, Vapi – 396 191. Surat. [Pan: Aaach 7063 F] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Gopala Krishnan – Ca राज"वक"ओरसे /Revenue By Mrs. Anupam Singla – Sr.Dr सुनवाईकीतारीख/ Date Of Hearing: 06.02.2020 उ"घोषणाक"तार"ख/Pronouncement On: 14.02.2020

Pricing requirement, the Appellant company reimbursed the actual cost of such data usage without any additional mark up. In this manner it was submitted that the non-resident company has not earned any income by virtue of this reimbursement of expenses. 8.3 The Learned Assessing Officer has relied upon the decision of Honorable Madras High Court in the case

BHARUCH DISTRICT CENTRAL CO.-OP. BANK LTD.,,BHARUCH vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, BHAURCH RANGE,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

price (discount) (excluding value as on in value of on premium) 31.03.2009 investment acquisition 1 6.17% Bond maturing in 202,560,000 2,560,000 2000,000,000 173,700,000 26,300,000 2023 2 6.05% Bond maturing in 253,400,000 3,400,000 250,000,000 231,975,000 18,025,000 2019 3 6.01% Bond maturing

BHARUCH DISTRICT CENTRAL CO.-OP. BANK LTD.,,BHARUCH vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, BHAURCH RANGE,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

price (discount) (excluding value as on in value of on premium) 31.03.2009 investment acquisition 1 6.17% Bond maturing in 202,560,000 2,560,000 2000,000,000 173,700,000 26,300,000 2023 2 6.05% Bond maturing in 253,400,000 3,400,000 250,000,000 231,975,000 18,025,000 2019 3 6.01% Bond maturing

THE ACIT, CIRCLE-1,, BHARUCH vs. BHARUCH DISTRICT CENTRAL CO. OP. BANK LTD.,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

price (discount) (excluding value as on in value of on premium) 31.03.2009 investment acquisition 1 6.17% Bond maturing in 202,560,000 2,560,000 2000,000,000 173,700,000 26,300,000 2023 2 6.05% Bond maturing in 253,400,000 3,400,000 250,000,000 231,975,000 18,025,000 2019 3 6.01% Bond maturing

THE ACIT, CIRCLE-1,, BHARUCH vs. BHARUCH DISTRICT CENTRAL CO. OP. BANK LTD.,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

price (discount) (excluding value as on in value of on premium) 31.03.2009 investment acquisition 1 6.17% Bond maturing in 202,560,000 2,560,000 2000,000,000 173,700,000 26,300,000 2023 2 6.05% Bond maturing in 253,400,000 3,400,000 250,000,000 231,975,000 18,025,000 2019 3 6.01% Bond maturing

THE BHARUCH DIST.CENTRAL CO.OP.BANK LTD.,,BHARUCH vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

price (discount) (excluding value as on in value of on premium) 31.03.2009 investment acquisition 1 6.17% Bond maturing in 202,560,000 2,560,000 2000,000,000 173,700,000 26,300,000 2023 2 6.05% Bond maturing in 253,400,000 3,400,000 250,000,000 231,975,000 18,025,000 2019 3 6.01% Bond maturing

BHARUCH DISTRICT CENTRAL CO.-OP. BANK LTD.,,BHARUCH vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, BHAURCH RANGE,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

price (discount) (excluding value as on in value of on premium) 31.03.2009 investment acquisition 1 6.17% Bond maturing in 202,560,000 2,560,000 2000,000,000 173,700,000 26,300,000 2023 2 6.05% Bond maturing in 253,400,000 3,400,000 250,000,000 231,975,000 18,025,000 2019 3 6.01% Bond maturing

THE BHARUCH DIST.CENTRAL CO.OP.BANK LTD.,,BHARUCH vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

price (discount) (excluding value as on in value of on premium) 31.03.2009 investment acquisition 1 6.17% Bond maturing in 202,560,000 2,560,000 2000,000,000 173,700,000 26,300,000 2023 2 6.05% Bond maturing in 253,400,000 3,400,000 250,000,000 231,975,000 18,025,000 2019 3 6.01% Bond maturing

THE ACIT, CIRCLE-1,, BHARUCH vs. BHARUCH DISTRICT CENTRAL CO. OP. BANK LTD.,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

price (discount) (excluding value as on in value of on premium) 31.03.2009 investment acquisition 1 6.17% Bond maturing in 202,560,000 2,560,000 2000,000,000 173,700,000 26,300,000 2023 2 6.05% Bond maturing in 253,400,000 3,400,000 250,000,000 231,975,000 18,025,000 2019 3 6.01% Bond maturing

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

Bench: Shri Dinesh Mohan Sinha & Shri Bijyananda Pruseth

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

DCIT, CIRCLE-1(1)(2), SURAT vs. J K PAPER LTD, SURAT

In the result, all these three appeals of the Revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Transfer Pricing Officer (TPO) under Section 92CA(3) dated 28/3/2016. The ld. Sr. Counsel submits that the price charged by Captive Power Project (CPP) Unit from paper and board units does not exceed price charged by Gujarat Electricity Board (GEB) from assessee company. The ld. CIT(A) while granting relief to the assessee, followed the decision of Gujarat High Court

DCIT, CIRCLE-1(1)(2), SURAT vs. J K PAPER LTD, SURAT

In the result, all these three appeals of the Revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Transfer Pricing Officer (TPO) under Section 92CA(3) dated 28/3/2016. The ld. Sr. Counsel submits that the price charged by Captive Power Project (CPP) Unit from paper and board units does not exceed price charged by Gujarat Electricity Board (GEB) from assessee company. The ld. CIT(A) while granting relief to the assessee, followed the decision of Gujarat High Court

DCIT, CIRCLE-1(1)(1), SURAT, SURAT vs. M/S. J K PAPER LIMITED, SURAT

In the result, all these three appeals of the Revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Transfer Pricing Officer (TPO) under Section 92CA(3) dated 28/3/2016. The ld. Sr. Counsel submits that the price charged by Captive Power Project (CPP) Unit from paper and board units does not exceed price charged by Gujarat Electricity Board (GEB) from assessee company. The ld. CIT(A) while granting relief to the assessee, followed the decision of Gujarat High Court

DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2, SURAT vs. BETEX INDIA LIMITED, SURAT

In the result, Ground No. 4 to 6 raised by the Revenue in ITA

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

9. In the result, appeal filed by the assessee in ITA No.69/SRT/2021 and IT(SS)A No.70/SRT/2021, are dismissed. The Revenue’s appeal in IT(SS)A No. 75/SRT/2021, IT(SS)A No.76/SRT/2021 and ITA No.52/SRT/2022 are also dismissed. 10. The common ground no.2, raised by the Revenue, is reproduced below for ready reference and adjudication. “2. Common Ground No.2

BETEX INDIA LIMITED,SURAT vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2, SURAT

In the result, Ground No. 4 to 6 raised by the Revenue in ITA

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

9. In the result, appeal filed by the assessee in ITA No.69/SRT/2021 and IT(SS)A No.70/SRT/2021, are dismissed. The Revenue’s appeal in IT(SS)A No. 75/SRT/2021, IT(SS)A No.76/SRT/2021 and ITA No.52/SRT/2022 are also dismissed. 10. The common ground no.2, raised by the Revenue, is reproduced below for ready reference and adjudication. “2. Common Ground No.2

DCIT, CENTRAL CIRCLE-2, SURAT, SURAT vs. DHANPRIYA PRINTS PVT. LTD.,, SURAT

In the result, Ground No. 4 to 6 raised by the Revenue in ITA

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

9. In the result, appeal filed by the assessee in ITA No.69/SRT/2021 and IT(SS)A No.70/SRT/2021, are dismissed. The Revenue’s appeal in IT(SS)A No. 75/SRT/2021, IT(SS)A No.76/SRT/2021 and ITA No.52/SRT/2022 are also dismissed. 10. The common ground no.2, raised by the Revenue, is reproduced below for ready reference and adjudication. “2. Common Ground No.2

BILAKHIA HOLDING P LTD,VAPI vs. THE ACIT,VAPI CIRCLE, VAPI

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

Bench: Shri Pawan Singh, Hon'Ble & Dr.Shri Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A’S No.181 & 182/Srt/2017 "नधा"रण वष"/Assessment Years: 2009-10 & 2010-11 Bilakhia Holding P Ltd., Vs The Assistant Bilakhia House, Muktanand Marg, . Commissioner Of Income Chala, Surat – 394 520. Tax, Vapi Circle, Vapi. [Pan: Aadcs 4420 J] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओर से /Assessee By Shri Gopalakrishnan Aiyer – Ar राज"वक"ओर से /Revenue By Smt. Usha Shrote – Sr.Dr सुनवाई की तारीख/ Date Of Hearing: 13.04.2021 उ"घोषणा क" तार"ख/Pronouncement On: 19.05.2021 आदेश /O R D E R Per Dr.Arjun Lal Saini, Accountant Memeber: 1. Captioned Two Appeals Filed By Assessee Pertaining To Assessment Year 2009-10 & 2010-11, Are Directed Against The Separate Orders Passed By The Ld.Cit(A), Which In Turn Arise Out Of Separate Orders Passed By The Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 (Here In After Referred To As The ‘Act’).

Transfer Pricing Officer for determination of the Arm's length as per the provisions of section 92CA of the I.T.Act, 1961. Accordingly the order u/s 92CA(3) passed by the TPO dated 24.01.2013 has been received on 28.01.2013. In view of the same final assessment order u/s 143(3) r.w.s 144C of the Act was passed on 11.03.2013. The addition

BILAKHIA HOLDING P LTD,VAPI vs. THE ACIT,VAPI CIRCLE, VAPI

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

Bench: Shri Pawan Singh, Hon'Ble & Dr.Shri Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A’S No.181 & 182/Srt/2017 "नधा"रण वष"/Assessment Years: 2009-10 & 2010-11 Bilakhia Holding P Ltd., Vs The Assistant Bilakhia House, Muktanand Marg, . Commissioner Of Income Chala, Surat – 394 520. Tax, Vapi Circle, Vapi. [Pan: Aadcs 4420 J] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओर से /Assessee By Shri Gopalakrishnan Aiyer – Ar राज"वक"ओर से /Revenue By Smt. Usha Shrote – Sr.Dr सुनवाई की तारीख/ Date Of Hearing: 13.04.2021 उ"घोषणा क" तार"ख/Pronouncement On: 19.05.2021 आदेश /O R D E R Per Dr.Arjun Lal Saini, Accountant Memeber: 1. Captioned Two Appeals Filed By Assessee Pertaining To Assessment Year 2009-10 & 2010-11, Are Directed Against The Separate Orders Passed By The Ld.Cit(A), Which In Turn Arise Out Of Separate Orders Passed By The Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 (Here In After Referred To As The ‘Act’).

Transfer Pricing Officer for determination of the Arm's length as per the provisions of section 92CA of the I.T.Act, 1961. Accordingly the order u/s 92CA(3) passed by the TPO dated 24.01.2013 has been received on 28.01.2013. In view of the same final assessment order u/s 143(3) r.w.s 144C of the Act was passed on 11.03.2013. The addition

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

9. The ld. Senior Counsel for the assessee further submits that clause-3 of Sugarcane Control Order deals with the minimum price and not the maximum price which is also evident from clause- 5 of the said order. The ld. Senior Counsel for the assessee by referring clause -5, which deals with additional price of sugarcane purchased where a producer