Held, dismissing the appeal of the revenue the Tribunal held that; according to the provisions of S. 144C(15)(b), the assessee must be a foreign company or an assessee in whose case there was any variation arising out of or in consequence of an order passed by the Transfer Pricing Officer in terms of S.92CA(3). There was no variation as a consequence of any order passed by the Transfer Pricing Officer as there was no adjustment made in the case of the assessee. As the assessee had not fulfilled any of the conditions to become an “eligible assessee” in terms of S. 144C(15)(b), the draft assessment order was invalid and the final assessment order was without jurisdiction and null and void. (AY. 2010-11)