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2012 (5) TMI 364 - ITAT DELHITransfer pricing - arm's length price - Principle of natural justice - Deduction u/s 10A - international transactions in the nature of provision of contract software development - High Court in the case CIT v. Dalmia Promoters Developers (P.) Ltd. [2006 -TMI - 9467 - DELHI High Court] wherein it was held that for rejecting the view taken in earlier assessment years, there must be material change in the fact, situation or in law. In this case, clearly there is neither any change in the fact, situation or in law. Decided in favor of the assessee by way of remand to AO Regarding short recognition of income under BSNL project - Held that-: on this issue it has been urged by the assessee that the addition to income was made on the basis of revenue, as per advance purchase order. In this regard, it has been argued that this was done without considering the actual purchase order, produced before the DRP by way of application u/r 4 of the IT (DRP) Rules, 2009. Regarding marketing expenses - During the year under consideration, the Assessing Officer has considered the cost of mobile handsets issued to employees, AMSCs and Dealers free of cost and stock scrapped as capital assets on the basis that the assessee continues to be the owner of theses handsets and these handsets are not part of the trading activities of the assessee. Held that: High Court had remitted the matter for Assessment Year 2000-01 and 2001-02 to the file of the ITAT and the ITAT vide order dated 22.9.2011 has remanded back the matter to the file of the Assessing Officer to fresh consideration. – Decided in favor of the assessee by way of remand to AO. Regarding disallowance of 25 per cent of the provision for obsolescence – Held that: - dismissal of the ground raised by the assessee in respect of provision for obsolescence would not preclude the assessee from giving the information to sustain the claim in subsequent assessment years and that once such information is provided, the Assessing Officer would give due consideration to the same. - Decided in favor of the assessee by way of remand to AO. Regarding disallowance of excess depreciation - Held that this issue is squarely covered by the decision of the Hon'ble Jurisdictional High Court in [2010 - TMI - 78240 - DELHI HIGH COURT - Income Tax] C.I.T. v. BSES Rajdhani Powers Ltd. wherein it was held that the Court was in agreement with the view of the tribunal that the computer peripherals such as printer, scanner etc. form an integral part of computer system. – Decided in favor of the assessee
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