ACIT Vs Moon Beverages Ltd. (ITAT Delhi)

This judgement from the Income Tax Appellate Tribunal (ITAT) in Delhi addresses appeals filed by the Revenue (ACIT) against Moon Beverages Ltd. and other group companies, including Hindustan Aqua Ltd. and Hal Offshore Ltd. The appeals cover several assessment years from 2009-10 to 2012-13. Both the Revenue and the assessees have filed cross-objections, which have been heard together due to identical grounds. The case of Moon Beverages Ltd., a bottler and distributor of Coca Cola products, is taken as the lead case.

IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES : E : NEW DELHI
(Through Virtual Court Hearing)

BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
MS SUCHITRA KAMBLE, JUDICIAL MEMBER

ITA Nos.115 to 118/Del/2018
Assessment Years: 2009-10 to 2012-13

ACIT,
Central Circle-15,
New Delhi.

Vs

Moon Beverages Ltd.,
25, Bazar Lane,
Bengali Market,
New Delhi.
PAN: AAACM1635J

CO Nos.73 to 76/Del/2018
(ITA Nos.115 to 118/Del/2018)
Assessment Years: 2009-10 to 2012-13

Moon Beverages Ltd.,
25, Bazar Lane,
Bengali Market,
New Delhi.
PAN: AAACM1635J

Vs.

ACIT,
Central Circle-15,
New Delhi

ITA Nos.122 & 123/Del/2018
Assessment Years: 2009-10 to 2011-12

ACIT,
Central Circle-15,
New Delhi

Vs. 

Hindustan Aqua Ltd.,
25, Bazar Lane,
Bengali Market,
New Delhi.
PAN: AAACH3298J

CO Nos.86 & 87/Del/2018
(ITA Nos.122 & 123/Del/2018)
Assessment Years: 2009-10 to 2011-12

Hindustan Aqua Ltd.,
25, Bazar Lane,
Bengali Market,
New Delhi.
PAN: AAACH3298J

Vs. 

ACIT,
Central Circle-15,
New Delhi
ITA Nos.111 to 114/Del/2018
Assessment Years: 2009-10 to 2012-13

ACIT,
Central Circle-15,
New Delhi

Vs. 

Hal Offshore Ltd.
25, Bazar Lane,
Bengali Market,
New Delhi.
PAN: AAACH3144B

ORDER

PER R.K. PANDA, AM:

This batch of appeals filed by the Revenue are directed against the separate orders of the ld. CIT(A)-26, New Delhi, relating to different assessment years as mentioned above.

2. The respective assessees have filed cross objections against the appeal filed by the Revenue. Since identical grounds have been taken by the Revenue in these appeals and by the respective assessees in their cross objections, therefore, these were heard together and are being disposed of by this common order.

3. First, we take up ITA No.115/Del/2018 and CO No.73/Del/2018 as the lead case in the case of M/s Moon Beverages Ltd. for A.Y. 2009-10.

4. Facts of the case, in brief, are that the assessee company is one of the group companies of MMG (MM Aggarwal) group and is engaged in the business of preparation, manufacturing, packing and sale of soft drinks on the basis of concentrate and other raw material procured from Coca Cola in the capacity of bottler and distributor of Coca Cola products in India. In addition, the MMG group has business interests in several segments like chartering and leasing of vessels to ONGC and other companies, real estate, education and hospitality etc. It had filed its return of income on 30.09.2009 declaring total income of Rs.10,21,50,894/-.Assessment u/s 143(3) was made determining the total income at Rs.10,27,91,857 which was subsequently rectified u/s 154 determining the total income at Rs.7,50,20,860/-

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