Fabindia Overseas Pvt. Ltd., New Delhi vs. DCIT, New Delhi
In the result, the appeal of the assessee is partly allowed for
ITA 2245/DEL/2013[2009-10]Status: DisposedITAT Delhi13 Jun 2016AY 2009-10
Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaasstt. Year: 2009-10 Asstt. Year: 2007-08
For Appellant: S/Shri Aseem Chawla, AdvFor Respondent: Shri A.M.Govil, CIT DR
Section 80
…at determination is not and cannot be made by the TPO. Nor is the authority of fthe AO under section 37 curtailed in any manner by a reference under section 92C.” 20. The Hyderabad Bench of the ITAT has held in the case of Social Media India Ltd. vs. ACIT in 148 ITD 222 (Hyderabad – Trib.) as under : 5. “We have considered the rival contentions and perused the paper books on record running into pages 513 in two Volumes. As seen from the record, assessee has conducted study report and placed necessary invoices, details, reports before the TPO. As rightly pointed out by the DRP, the assessee has capitalized the…