TMI Blog2023 (12) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... and made an identical addition in this regard in the hands of the assessee. Thus, it is amply clear that there was no reference to TPO in the case of the assessee and the TPO in this case relates to BCIL. The BCIL merged with the assessee pursuant to a scheme of merger on appointed date of 1st April 2017. Thus, since BCIL merged with the assessee in AY 2018-19, it was an independent entity until March 31, 2017. Hence, any adjustment in the case of BCIL has nothing to do with the assessment of the assessee. The assessee s submissions has sufficient cogency that impugned international transaction referred to in TP order has not been entered by the assessee for the subject year and thus, does not pertain to the assessee. The said TPO s ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 143(3) read with section 144C(13) read with section 144B of the Income-tax Act, 1961 ('the Act') is bad in law and void ab initio. 1.1. On the facts and circumstances of the case in law, the draft assessment order dated April 15, 2021 is barred by limitation as prescribed under Section 153 of the Act; 1.2. On the facts and circumstances of the case in law, the Ld. AO erred in passing the draft assessment order without making a reference to the Ld. TPO under Section 92 CA(3) of the Act and relying upon the findings of the TP Order dated January 29, 2021 issued in relation to different assessee (i.e. Boeing International Corporation India Private Ltd. (BICIPL)). 3. On the facts, in the circumstances of the case in la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The assessee, Boeing India Private Limited (BIPL) was incorporated on 9th March, 2017 i.e. during Financial Year 2016-17 for the purpose of providing market information, knowledge support services, technical publication services, engineering design services to its Associated Enterprises (AEs) on cost plus markup basis. Further, the assessee submitted that it had not undertaken any business operations during FY 2016-17. For the concerned assessment year, assessee filed return of income declaring nil income. There was no reference to Transfer Pricing Officer (TPO) by the AO nor any proceeding was initiated by the TPO against the assessee. AO passed the draft order dated 15th April, 2021 proposing an adjustment of Rs.21,52,899/-. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by RoC on 27 February 2018, w.e.f. 15 February 2018 (kindly refer page no 93 and 106 of Paper book). 3. The Appellant also wishes to highlight that the above fact was already discussed, communicated and the relevant documents were filed with the jurisdictional officer of the Appellant (kindly refer page no 91 - 92 of Paper book). 4. Thus, since Boeing Corporation merged with the Appellant in AY 2018-19 and was an independent entity until March 31, 2017 (AY 2017- 18), any adjustment in the case of Boeing Corporation, has nothing to do with the assessment of the Appellant. 5. It is humbly prayed that in view of the above submissions alone, the impugned addition is liable to be dismissed. 6. As submitted earlier, it is reiterated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he first year of incorporation. 10. Additionally, it is submitted that if such addition is confirmed in the instant case, same would result in double taxation of said amount on two occasions. 11. It is humbly prayed that since the impugned TP transaction of INR 21,52,899 does not pertain to the Appellant (i.e. BIPL), the same is liable to be deleted. 7. Ld. DR for the Revenue did not contradict the submissions of the assessee in this regard. 8. Upon careful consideration, we note that assessee was incorporated on 9th March, 2017 i.e. during FY 2016-17. It has not undertaken any business operation during the year. There was no reference to TPO in this case. AO took the TPO s order in the case of Boeing Corporation India Ltd. (BC ..... X X X X Extracts X X X X X X X X Extracts X X X X
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