TaxTMI 
TaxTMI 
2017 (9) TMI 1746
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....ent appeals is addressed by Ground Nos. 2 and 3 and the remaining grounds may be treated as arguments in support of the said grounds. 3. Inviting attention to the impugned order and the order of the ITAT in assessee's own case for 2012-13, 2013-14 and 2014-15 assessment years dated 04.08.2016 and 01.07.2016 respectively, it was submitted that the issue is fully covered in assessee's favour as facts and circumstances are identical to the facts as considered by the ITAT in the case of ITO Vs Ahaar Consumer Products Pvt. Ltd. in ITA 2910/Del/2010 dated 28.02.2011. It was submitted that there is no contrary view and the same order may be followed. 4. The ld. CIT-DR though placed reliance upon the impugned order, however, no contrary f....
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....d by them. The learned AR submitted that similar issues have already been decided by the Hon'ble Tribunal in the case of DM, State Civil Supplies Corporation Ltd;, Hoshiarpur in ITA No.214 to 216 (Asr)/2016 and in this respect filed a copy of the said order. The learned AR submitted that Hon'ble Tribunal in this case had followed the case law of M/s the Punjab State Corporation Supply and Federation Ltd., Nawanshar vs. ITO, TDS-1, Jalandhar in ITA Nos.54 to 56(Asr)/2016, for Asst. Years:2012-13 & 2014- 15. 6. The learned. DR, on the other hand submitted that learned CIT(A) has already allowed relief to the assessee by relying on the judgment of Hon'ble Supreme Court in the case of Hindustan Coca-cola Beverages (Pvt.) Ltd. Vs. ....
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....t, 1956, through its Director Mr. Gyan Prakash Gupta hereinafter called "The Company - Ahaar" of the First part. AND M/s Ahaar International (I) Ltd., 6-37, Lawrence Road, Delhi, a company hereinafter called "The Company - AQIL" of the Second part. Whereas AIL has agreed to grind the wheat and produce Atta & Daliya "The products" of the Wheat provided by Ahaar and pack them in their packing on the terms and conditions hereinafter set forth. NOW THIS AGREEMENT WITNESSETH AS UDER: l. PRODUCTS: 1.1 The products shall be manufactured in accordance with the specifications and descriptions mentioned in annexure A hereunder written as well as the standards of quality as per prevention of Food Adulteration Act, 1954 arid rule made there....
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....duction. The workers shall wear clean uniform; cap, shoes, tobbaco, cigarettes, gutkha etc. are not allowed in plant. 1.9 Ahaar shall provide Raw material (Wheat) and Packaging Material i.e. HDPE/PP Bags, LDPE packets, Liners and other consumable required in production and packing i.e. Coding ink, stamp, stitching thread etc. 2. PRICE: 2.1 AIL shall give 85% Daliya or 88% Atta of the wheat supplied by Ahaar. The remaining quantity of wheat/refraction shall be kept by AIL as its expenses. 2.2 AIL has to arrange from unloading of wheat till final packing, loading of Atta/Daliya. AIL has to arrange labour, electricity, power backup etc. and wheat shortage. 2.3 Wheat shall be supplied in Gross weight. Atta / Daliya shall be received in ....
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.... Sd/- Director &....
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....n a)Mud Bulb/Stone 0.5% b)Poisonous seed Nil c)Chaff 1.0% d)Other seeds of food grains 0.5% e)Damaged grain 0.5% Dunky (Vevilled) 0.5% Broken & Shrevilled 4.0% Kernal Burnt (Kanta) 0.5% Potia 6.0% Bulk Density 78 gm/ml (min) 8. There is no dispute that the parties, apart from entering into agreement have also acted upon the agreement and the transactions appear to be strictly falling within the agreement that is entered into by the parties. That is to say, this agreement, although between the two related concerns, is entered in the ITA No.23io/Del/2Oio & Others 14 course of business and is acted upon by both the sides. Therefore, one cannot ignore the terms of this agreement in determining the nature of the transaction....