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These are the set of five appeals arose against the separate assessment orders passed by Asst.Commissioner of Income Tax, Circle - 1, Kadapa - 1 under section 143(3) r.w.s. 144C and 92C(3) of the Income Tax Act, 1961 (hereinafter referred as "the Act") in pursuance to the directions of the Dispute Resolution Panel - "DRP", Bangalore-1's for the assessment years 2011-12, 2012-13, 2013-14, 2012-13 and 2014-15 on the following grounds :

Zuari Cement Limited, Kadapa Zuari Cement Limited, Kadapa Zuari Cement Limited, Kadapa Zuari Cement Limited, Kadapa

Zuari Cement Limited, Kadapa GROUND NOS. 2 TO 4(D)

4. Ground Nos.2 to 4(d) for the A.Y 2011-12 provides as under:

The ld.AR for the assessee has drawn our attention to the order passed by the TPO where the profile of the assessee was mentioned as under :
"Zuari Cements Ltd., is engaged in the business of production and sale of Portland cement which is used in commercial, industrial and residential construction activities. The company manufactures Blended Cement, Portland Cement and PRIMO concrete cements. The company was a JV between Zuari Industries Ltd. and ClimentFrancais SA and existed as JV until 31st May 2006. Pursuant to CF's acquisition of 50% stake held by ZIL, the company became a wholly owned subsidiary of CF, effective 31st May, 2006. The ultimate holding company is Itlacemntis p.a. During the year ended 31sst December 2007, pursuant to a scheme of amalgamation, Sri Vishnu Cement Ltd., was merged with ZCL with effect from 1st January, 2007.

15. We have heard the rival contentions of the parties and perused the material available on record. The DRP for the A.Y. 2009- 10 vide his direction dt.22.09.2017 has observed in pages 5 to 7 as under :

18
Zuari Cement Limited, Kadapa Zuari Cement Limited, Kadapa Zuari Cement Limited, Kadapa Zuari Cement Limited, Kadapa
16. The closure scrutiny of the direction given by the DRP for A.Y. 2009-10 clearly shows that the case of the assessee was similar for all the A.Ys. i.e., 2009-10 to 2013-14, therefore, as there are no change in facts, it would be in the interests of justice and with a view to maintain the consistency, the Tribunal is duty bound to apply TNMM as most appropriate method by respectfully following the decision of this co-ordinate bench of the Tribunal for A.Y. 2009-10.

78. IN THE RESULT, the appeal of the assessee in ITA No.66/Hyd/2019 for A.Y. 2014-15 is partly allowed for statistical purposes.

79. To sum up, the appeal of assessee in ITA No.2169/Hyd/2018 is dismissed and the remaining i.e., ITA No.616/Hyd/2016, 254/Hyd/2017, 182/Hyd/2018 and 66/Hyd/2019 are partly allowed for statistical purposes.

Order pronounced in the Open Court on 27th June, 2022. 

             Sd/-                                            Sd/-
       (LAXMI PRASAD SAHU)                               (LALIET KUMAR)
       ACCOUNTANT MEMBER                                JUDICIAL MEMBER



    Hyderabad, dated 27th June, 2022.
TYNM/sps




Copy to:

S.No    Addresses
1       Zuari Cement Limited, Krishna Nagar, Yerraguntla,
        Kadapa District - 516 311.
2       The ACIT, Circle 1(1), Kadapa.
3       ITO (OSD) & Secretary, DRP-1, Bengaluru.
4       DR, ITAT Hyderabad Benches
5       Guard File

                                   By Order