2009 (3) TMI 1007

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.... G.C. Gupta, Judicial Member:- 1. This appeal by the revenue for the A.Y. 01-02 is directed against the order of CIT(A). The only ground of appeal of the revenue is as under:- "On the facts and in the circumstances of the case, the ld. CIT(A) erred in deleting the addition of Rs. 18,58,960/- made by the AO by enhancing the marking up on software development cost from 5% to 10% as per the pro....

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....racted in this case. He submitted that no reference was made by the AO to the Transfer Pricing Officer u/s. 92 which should have been done if he was of the view that the provisions of sec. 92 are applicable to the case of the assessee. He submitted that the AO in the succeeding A.Y. 02-03 has referred the issue to the Transfer Pricing officer (TPO) and the TPO has accepted that case of the assesse....

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....eration for the software development services, SDRC, US shall pay the assessee company an amount equal to the cost of providing development services plus a mark-up @ 5%. The AO has made addition on account of increased mark-up 10% to the income of the assessee company by invoking the provisions of sec. 92 of the Act. We find that the issue is covered with the instructions of the CBDT circular no. ....