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2017 (5) TMI 1624 - HC - Income TaxPenalty levied u/s 271G r.w.s 274 - when the assessee deliberately avoided the production of T.P. documentation as required u/s 92D - Held that:- Identical issue has been decided today in the case of same assessee in Commissioner of Income Tax vs. Bumi Hiway (I) P.LTD [2014 (9) TMI 321 - DELHI HIGH COURT] reference was not made to any particular or specific date by which assessee was required to submit the documents; or whether the same were furnished within 30 days or within the extended period of 30 days thereafter - Penalty u/s 271G cannot be imposed in this manner. A specific finding should be recorded on the date by which the assessee was required to furnish documents and whether documents were furnished, if not which documents were not furnished and whether any extension of time was granted by the TPO and if the required documents were then actually filed - The penalty order is bereft and devoid of the details and shows lack of application of mind - TPO had indicated that the AO might initiate proceedings u/s 271G but he also did not refer to date of notice, date of furnishing of information/documents etc. - Decided in favour of the assessee and against the department.
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