TaxTMI 
TaxTMI 
2015 (1) TMI 357
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....ays as a component supplier for propulsion 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....
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.... Bombardier Canada:- Bombardier Canada, being the Headquarter entity for 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. ....
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....re the DRP as the same could not be submitted before the TPO due to paucity of 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 ....
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....e been looked into by him provided sufficient time was granted to the assessee. 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 queries on segmental accounts of BTIL & allocation of expenses 3.3.2010 Pg 269-270/Vol-I 4. Add relatin....
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....ional 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 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....