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2025 (5) TMI 1575 - AT - Income TaxPenalty levied u/s 271AA - assessee failed to file Form 3CEB as mandated u/s 92E within the time prescribed u/s 139(1) - CIT(A) deleted addition - CIT(A) deleted penalty - HELD THAT - As evident from the order of the TPO that the assessee submitted the transfer pricing document which were required to be maintained and furnished as and when called for by the tax authorities. The failure of the filing of the report in Form 3CEB attracts separate penalty u/s 271AB of the Act. Therefore the non-filing of the report in Form 3CEB cannot lead to the conclusion that the assessee has not maintained the requisite documents prescribed u/s 92D r..w rule 10D of the IT Rules 1962. No error or illegality in the impugned order of the learned CIT (A) in deleting the penalty levied u/s 271AA - Decided against revenue.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Tribunal in this appeal are: (a) Whether the penalty under section 271AA of the Income Tax Act, 1961 (hereinafter "the Act") can be sustained against the assessee for failure to file the transfer pricing report in Form 3CEB as mandated under section 92E of the Act within the prescribed time under section 139(1) of the Act. (b) Whether the penalty under section 271AA is justified on the ground that the assessee failed to report international transactions for the assessment year 2016-17, which were detected during survey proceedings under section 133A of the Act. (c) Whether the penalty under section 271AA is sustainable despite the assessee maintaining proper transfer pricing documentation as required under section 92D of the Act read with Rule 10D of the Income Tax Rules, 1962. (d) Consideration of any other grounds that may arise during hearing relevant to the penalty proceedings under section 271AA. 2. ISSUE-WISE DETAILED ANALYSIS Issue (a): Penalty under section 271AA for failure to file Form 3CEB within prescribed time Relevant Legal Framework and Precedents: Section 92E mandates filing of a report from a Chartered Accountant in Form 3CEB certifying that the transfer pricing documentation as required under section 92D has been maintained. Section 271AA penalizes failure to maintain, keep or furnish information and documents as required under section 92D. The filing of Form 3CEB is a procedural compliance linked to reporting international transactions. Court's Interpretation and Reasoning: The Tribunal noted that while the assessee did not file Form 3CEB within the prescribed time, the transfer pricing study documents were submitted subsequently and verified by the Transfer Pricing Officer (TPO). The TPO's order records that the assessee furnished the TP study documents on 4/9/2019, which were analyzed in detail. The Tribunal distinguished between the failure to file Form 3CEB (which attracts penalty under section 271BA) and failure to maintain or furnish the underlying transfer pricing documentation (which attracts penalty under section 271AA). Key Evidence and Findings: The TPO's order explicitly records that the assessee furnished the TP study documents, which were examined and accepted for benchmarking purposes. The assessee had maintained information and documentation as required under section 92D and Rule 10D, albeit the procedural form (3CEB) was not timely filed. Application of Law to Facts: The Tribunal held that failure to file Form 3CEB is a separate non-compliance attracting penalty under section 271BA, and does not automatically imply failure to maintain or furnish documentation under section 92D, which is the basis for penalty under section 271AA. Therefore, penalty under section 271AA cannot be sustained solely on the ground of non-filing of Form 3CEB. Treatment of Competing Arguments: The Revenue argued that non-filing of Form 3CEB and non-maintenance of documents are intertwined and justify penalty under section 271AA. The assessee contended that documentation was maintained and produced before the TPO, and only the procedural filing was delayed. The Tribunal accepted the assessee's contention based on the TPO's findings. Conclusion: The penalty under section 271AA for failure to file Form 3CEB within the prescribed time is not sustainable where the underlying transfer pricing documentation has been maintained and furnished as required. Issue (b): Penalty under section 271AA for failure to report international transactions detected during survey Relevant Legal Framework and Precedents: Section 271AA penalizes failure to maintain, keep or furnish information and documents relating to international transactions as required under section 92D. The detection of unreported international transactions during survey proceedings under section 133A is a relevant fact for initiating penalty proceedings. Court's Interpretation and Reasoning: The Tribunal observed that although the survey revealed that a major part of the assessee's sales were made to associated enterprises (AEs), the assessee had maintained and furnished the requisite transfer pricing documentation to the TPO during scrutiny proceedings. The Tribunal relied on the TPO's order which acknowledged receipt and verification of the TP documentation. Key Evidence and Findings: The survey detected international transactions not reported in the books; however, during the course of scrutiny and TPO proceedings, the assessee produced the TP study documents. The TPO accepted these documents and made adjustments accordingly. Application of Law to Facts: The Tribunal held that mere detection of unreported international transactions during survey does not ipso facto imply failure to maintain or furnish information under section 92D if the assessee subsequently produces the required documentation before the TPO. Penalty under section 271AA requires actual failure to maintain or furnish such information, not merely delayed reporting. Treatment of Competing Arguments: The Revenue emphasized the initial non-reporting and non-filing of Form 3CEB as indicative of failure to comply with section 92D. The assessee argued that the documentation was maintained and furnished as required, and the penalty was wrongly imposed for non-reporting during survey. The Tribunal sided with the assessee's position. Conclusion: Penalty under section 271AA cannot be sustained solely on the ground that international transactions were detected during survey but were subsequently documented and furnished in compliance with section 92D. Issue (c): Penalty under section 271AA despite maintenance of proper transfer pricing documentation Relevant Legal Framework and Precedents: Section 271AA penalizes failure to maintain, keep or furnish information and documents as required under section 92D read with Rule 10D of the Income Tax Rules. Proper maintenance and furnishing of transfer pricing documentation is a defense against penalty under this section. Court's Interpretation and Reasoning: The Tribunal relied heavily on the TPO's findings that the assessee had maintained and furnished the transfer pricing documentation, including the transfer pricing study adopting the Comparable Profits Method (CPM) and Transactional Net Margin Method (TNMM). The Tribunal noted that the penalty order under section 271AA was based on non-filing of Form 3CEB, which is a procedural formality and does not equate to failure in maintaining or furnishing the required documents. Key Evidence and Findings: The TPO's order detailed the verification and acceptance of the TP study documents. The assessee's documentation was found to be complete and adequate for benchmarking international transactions. The Tribunal highlighted that the penalty under section 271AA cannot be imposed where documentation is maintained and produced as required. Application of Law to Facts: The Tribunal applied the distinction between maintenance/furnishing of documents under section 92D and filing of Form 3CEB under section 92E. Since the assessee complied with the former, penalty under section 271AA was not warranted. Treatment of Competing Arguments: The Revenue contended that non-reporting and procedural lapses warranted penalty. The assessee demonstrated compliance with substantive documentation requirements. The Tribunal found the assessee's compliance sufficient to negate penalty under section 271AA. Conclusion: Proper maintenance and furnishing of transfer pricing documentation negates the applicability of penalty under section 271AA, notwithstanding procedural non-compliance in filing Form 3CEB. 3. SIGNIFICANT HOLDINGS The Tribunal held: "In the present case appellant has not failed in maintaining information as required in section 92D and the same was also reported to the TPO as required. AO had disregarded the fact that the information required as in section 92D was maintained and produced before the TPO as and when required. Therefore, in the facts and circumstances of the case and respectfully following the judicial pronouncements mentioned above the penalty levied by the AO is hereby deleted." Core principles established include:
Final determination: The penalty imposed under section 271AA of the Income Tax Act, 1961 for the assessment year 2016-17 was rightly deleted by the learned CIT(A), and the Revenue's appeal was dismissed accordingly.
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