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TMI Blog2015 (1) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... n and signaling system. In the propulsion business, BTIL manufactures traction/auxiliary converters, vacuum circuit electronics and tabs changers in its facilities in Gujarat. In the signaling business, the company is engaged in the supply and installation of signaling equipment. 2. The Income declared by BTIL was at Rs. 70.050 crores, Income assessed u/s 143(3)/ 144C 78.75 crores , TP adjustment Rs. 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 ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or 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 being heard before concluding that the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ld AR, because of non-consideration of relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 queries on segmental accounts of BTIL & allocation of expenses 3.3.2010 Pg 269-270/Vol-I 4. Add relating information in response to factual queries by TPO about AEs & allocation keys. 20.04.2010 Pg 271-275/Vol-I 5. TPO first time requires documentary evidence to justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... world-wide to all AEs. 27.01.2010 Pgs.383/Vol-II Pg.30/appeal Memo (Pg 19/objections) Pg.41/Appeal Memo (Pg.19/Objections) Pgs.385-424/Vol-II) Pg.48/Appeal Memo (Pg. 26/objections) Pg. 438-877/Vol-II (particulars of each documents as per index at Annexure-2 Pg. 897-900/Vol-II Pgs. 880-1028/Vol-II (Index giving particulars of each documents at Annexure-3) 12. However, we on a perusal of the impugned orders find that 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 (Pg. 438-877 Volume-II and Page 897-900/ Vol-II and other documents relevant to adjudicate the iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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