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TMI Blog2022 (10) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... low preferred to complete the assessment upon a non-existing entity. The judgments relied by Ld. Counsel for the appellant substantiate the arguments that such assessment order against non-existing company, after due information to the Ld. Tax Authorities, is non-est in the eyes of law. Accordingly, the grounds no 1 and 2, touching the jurisdictional error are decided in favour of the appellant. - ITA No. 878/Del/2021 - - - Dated:- 4-10-2022 - DR. B. R. R. KUMAR , ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA , JUDICIAL MEMBER Assessee by : Sh. K. M. Gupta, Adv. And Sh. Rishabh Malhotra , AR Revenue by : Shri Mahesh Shah , CIT ( DR ) ORDER Per Anubhav Sharma , JM ; The assessee has come to this Tribunal challenging ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icing adjustment of INR 3,06,63,521 was made, against which assessee Orbitz India filed objections before the Dispute Resolution Panel ( Ld. DRP ). The Ld. DRP vide directions dated March 16, 2021 passed u/s 144C of the Act accepted two of the comparable companies selected by Orbitz India and directed the Ld. TPO to consider the same as well as consider the Assessee s submission regarding arithmetical error in the computation. Pursuant to the DRP directions, the Ld. TPO passed order dated April 16, 2021 whereby the transfer pricing adjustment was revised to INR 1,75,59,032. Thereafter, the final assessment order dated April 29, 2021 has been passed by the National e- Assessment Centre, Delhi u/s 143(3) r.w.s 1440(13) r.w.s 144B of the Act w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax ( PDIT ) / DIT as directed by the CBDT Instructions for increasing the scope of Limited scrutiny assessment. 5. On the facts and circumstances of the case and in law the Ld. TPO has erred in making an upward Transfer Pricing adjustment of INR 1,75,59,032 to the income of the Appellant Company and holding that the international transaction pertaining to provision of support services to its Associated Enterprise ( AE ) does not satisfy the arm s length principle envisaged under the Act. 6. On the facts and circumstances of the case in law, the Ld. TPO has failed to appreciate that the conditions set out in section 920(3) of the Act are not satisfied in the present case and hence has erroneously, disregarded the ALP as d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mputing the margins of the comparable companies. 12. That on the facts and in the circumstances of the case and in law, NeAC has erred in levying additional interest u/s 234B of the Act as a consequence to the impugned adjustment. 13. That on the facts and in the circumstances of the case and in law, NeAC has erred in initiating penalty proceedings u/s 271(i)(c) of the Act. The above grounds are without prejudice to each other. The Appellant craves for leave to amend, vary or omit or substitute any of the aforesaid ground(s) of appeal or add any further ground(s) of appeal at any time before or at the time of hearing of the appeal. 4. Heard and perused the records. 5. Ld. Counsel for the assessee restricted his ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letter dated April 9, 2021 for giving effect to the DRP directions. Further, the letter was filed on the letterhead of Expedia India. Further, the Company filed another letter dated October 12, 2021 and also sent over e-mail on October 27, 2021 to the AO of Orbitz India enquiring on the status of the transfer of records of Orbitz India to the jurisdictional AO of Expedia India. Therefore, jurisdictional AO TPO of Orbitz India were duly intimated and aware in respect of the fact of merger of Orbitz India with Expedia India. It is submitted that the DRP directions dated March 16, 2021, TPO effect order dated April 16, 2021 as well as the final assessment order dated April 29, 2021 have been passed in the name of Orbitz India Services Priv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication under RTI Act have been placed by which appellant had sought information in regard to the proceedings of assessment subsequent to letter dated 09.10.2020 given to AO. Appellant had received information which is available from page no. 5 to 50 which shows that the facts authorities below were duly informed of the merger. 8. Perusal of the assessment order shows that there is no whisper of the facts which assessee has submitted as with regard to fact of intimation of merger to the ld. AO on 09.10.2020. A copy of that letter on record at page no. 3 of PB shows that copy of company writ petition no. CAA-08 (PB)/2020 order dated 04.08.2020 was also provided to the Ld. AO whereby NCLT had ordered for the amalgamation. Pertinent to ment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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