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2012 (6) TMI 449 - AT - Income TaxTransfer pricing - Power of the TPO for suo-moto determination of ALP in respect of international transaction which were not referred to him by the AO - Held that:- Finance Act, 2012 has amended the provisions of sec. 92CA retrospectively effective from 01.04.2002 to empower the TPO to determine the ALP of international transactions noticed by him in the course of proceedings before him, even if said transaction was not reported by the assessing officer. Appeal dismissed. Depreciation on Computer peripherals - 15% or 60% - Held that:- Assessee will be eligible for depreciation @ 60% on UPS, WAN/LAN equipment, switches, network equipment etc. Expenditure incurred on issue of mobile handsets on FOC basis to dealers for various display and promotional purposes - revenue or capital expenditure - Held that:- Since on identical issue the ITAT has set aside the matter to the file of the AO for AY 2006-07, we also set aside the issue for AY 2007-08 to the file of the AO. Transfer Pricing - benefit of working capital adjustment not allowed while computing ALP in respect of international transaction pertaining to the provisions of software development services to associated enterprises - Held that:- Matter set aside to the file of the AO with the direction to examine the case of the assessee. Further, Since DRP has used information obtained u/s 133(6) against assessee without confronting it, in our considered opinion, the assessment order needs to be set aside to the file of AO who will refer the matter to D.R.P. for providing necessary opportunity of being heard. Advertisement, marketing and promotion expenditure - adjustment - assessee submitted that AMP expenditure incurred by the assessee does not represent international transactions between the two associated enterprises within the meaning of S92B r.w.s. 92F - Held that:- There is no dispute about the fact that Finance Act, 2012 has proposed amendment in the provisions of sec. 92B by insertion of Explanation clarifying the term "International transactions". Since both the parties agreed for setting aside the issue and decide the same in the light of the amended provisions of sec. 92B by the Finance Act, 2012, we set aside the matter to the file of the AO
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