Opp.C.N. Vidyalaya Ahmedabad Near Ambawadi Circle Ambawadi, Ahmedabad380 006 ःथायी ले खा सं . /जीआइआर सं . / PAN/GIR No. : AAACM 9908 Q (अपीलाथȸ /Appellant) .. (ू×यथȸ/Respondent) अपीलाथȸ ओर से/Appellant by : Shri S.N. Soparkar, A.R. ू×यथȸ कȧ ओर से/ Respondent by : Shri V.K. Gupta with Shri Kartar Singh सुनवाई कȧ तारȣख/ / Date of Hearing : 21/12/2011 घोषणा कȧ तारȣख /Date of Pronouncement : 29/02/2012 आदे श/O R D E R PER SHRI MUKUL Kr. SHRAWAT, JUDICIAL MEMBER : This appeal has been filed on 24/11/2010 by the Assessee on Form No.36B, i.e. "appeal memorandum" u/s. 253(1)(d) of the IT Act directly against the assessment order dated 26/10/2010 passed u/s.143(3) r.w.s. 144C of the I.T.Act. To decide several issues raised before us; certain orders of the Revenue authorities were involved, passed for the year under consideration, chronologically as follows: ITA No.3120/Ahd/2010 Mastek Limited vs. Addl.CIT Asst.Year 200607 2 (1) An order of 92CA(3) of IT Act dated 12/10/2009 by ACIT (TPO)I, Ahmedabad. (2) An order u/s.143(3) (a draft order u/s.144C) dated 11.12.2009 / 24.12.2009 by the ACIT Range4, Ahmedabad. (3) An order u/s.144C(5) dated 28/09/2010 passed by Dispute Resolution Panel, Ahmedabad. (4) An order u/s.144C r.w.s. 143(3) dated 26.10.2010 by ACIT, Range4, Ahmedabad. A) FACTS : 2. The appellant is a Domestic Limited Company incorporated in India on 14th May1982. As informed the appellant is a Software Development Company and worked as a global information Technology Services Provider. The services were "offshore" as well as "on site" services; hence operated through its subsidiaries at other countries, viz. USA, UK, Germany, Singapore, Malaysia. It is informed that the assesseecompany provides composite deliverables to the clients One of its Associate Enterprise (in short A.E.) is Mastek U.K.Ltd. (in short MUK) is a 100% subsidiary; established in the year 1992. This said A.E. is contributing substantial revenue and for the year under consideration stated to be 60% of the total Revenue of the Mastek group. 2.1. The assesseecompany has filed the return for A.Y. 200607 on 31.10.2006 declaring total income at Rs.61,28,140/, however the assessment was made u/s.144C r.w.s. 143(3) vide an order dated 26.10.2010 on assessed income of Rs.22,46,55,290/; hence challenged in this appeal. It was found by the Revenue Department that ITA No.3120/Ahd/2010 Mastek Limited vs. Addl.CIT Asst.Year 200607 3 International Transaction was involved with an Associate Enterprise (A.E.) , therefore referred to Transfer Pricing Officer u/s.92CA on 30/09/2008. The order u/s.92CA(3) of DIT (Transfer Pricing) is dated 12.10.2009. A draft assessment u/s.144C dated 11/12/009 was also forwarded to the assessee. And finally the directions of the Dispute Resolution Panel u/s.144C(5) dated 28/09/2010 has also been received by the Assessing Officer to make an assessment accordingly, i.e. the impugned assessment now before us under appeal. 2.2. Reason given in the impugned orders for making reference u/s.92CA to TPO was that as per 3 CEB Audit Report, the assessee had "International Transaction" with its Associate Enterprises and the details of those enterprises and the amount of the transaction involved were stated to be as under: Sr.No. Name & Description of transaction Amount Address of AEs with AEs paid/recd as