TMI Blog2015 (1) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... m before 27th September 2010, by which the assessee only got 4 working days to comply the same - Since it was practically impossible to submit the entire documents, the assessee submitted whatever it could before the TPO who passed orders without considering the documents which ought to have been looked into by him provided sufficient time was granted to the assessee - the assessee filed all the relevant documents asked by the TPO before the DRP. The DRP has not considered the aforesaid evidences including the cost benefit analysis, the details of the service rendered by Canada HO, benefits derived, allocation keys and actual cost-allocation work wide to AE’s and other documents relevant to adjudicate the issues before it – thus, assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was at ₹ 70.050 crores, Income assessed u/s 143(3)/ 144C 78.75 crores , TP adjustment ₹ 8.58 crores 3. The international transactions entered into, by the assessee are tabulated below:- Nature of transaction Method selected Total value of Transactions (Rs.) Import of raw material, components and finished goods TNMM 11,037,600 Provision of software services TNMM 36,465,954 Availing of administrative and intermediary services - 85,813,076 Reimbursement of expenses by Bombardier India - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Bombardier group is responsible for management and coordination between Aerospace and Transportation business and respective Sub-divisions (HUBs) in respect of all strategic and operational issues and provides the global policies. procedures, administrative support services etc. For availing these centralized administrative and intermediary services, a service agreement was executed between Bombardier Canada and Bombardier India along with other group entities. (at pg. 427 IV 01.-11) 6. At the outset the ld AR raises violation of natural justice by the authorities below and took our attention to Grounds no. 5 to 7 raised by it which are as follows:- 5. The ld TPO erred by not providing the Appellant an adequate opportunity of bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time as stated above. However according to the ld AR, the DRP has failed to consider the evidence including the cost benefit analysis submitted before the TPO and voluminous evidence submitted before it. And according to the ld AR, the DRP s finding that the appellant did not provide allocation key for allocation of costs by the AEs was wrong and these were specifically provided to the TPO DRP. And according to the ld AR, neither the TPO, nor the DRP have questioned the veracity of the fact as to whether the Swiss Canada AE rendered services to the assessee. However, in the impugned order they have surmised that these services are incidental, duplicative and not necessary for the appellant to carry on its business. So according to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Thereafter we find that the assessee filed all the said relevant documents asked by the TPO before the DRP. The data and documents submitted before the TPO and DRP is tabulated below:- 11. The table below show date and details of the documents filed before TPO/DRP:- S. No. Sequence Date Ref. 1. TPO issued notice u/s 92CA (2) and 92D (3) 7.10.2009 2. Assessee files documents under rule I OD along with other documents with the TPO. 5.11.2009 Pg1-268/Vol-I 3. Assessee appears and tiles submissions on q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pg. 452-457/Vil-III 9. The assessee files objections with the DRP, inter alia, furnishing: (a) Written submission DRP (b) Explanation justifying the TP analysis of the assessee and objecting to TPO rejecting it without basis. (objection no. 3) (c) Analysis of significance of the impugned services and their benefit to the Appellant's business (objection no. 2) (d) Cost Benefit analysis along with additional evidence establishing actual rendering of services, by the AEs essential to the appellant for running its business efficiently. (i) service rendered by Canada HO, benefit derived, allocation keys applied and actual cost allocation world-wide to all AE ..... X X X X Extracts X X X X X X X X Extracts X X X X
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