TMI Blog2021 (6) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... ing those documents there cannot be any imposition of penalty u/s. 271G of the Act. In our opinion, the principles of natural justice demands in respect of the right of defense for the assessee whatever proceedings are to be done by any Quasi-Judicial Authority, the first step is the issuance of notice to the assessee and in that said notice all the relevant details should be there so that the assessee gets an opportunity to prepare his defense and unfortunately in this case, it was not done. For this reason also penalty u/s. 271G of the Act is not imposable. Section 273B of the Act provides for reasonable cause and if that is justified, penalty/s. 271G of the Act may not be imposed and when this opportunity is given to the assessee by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d at the time of hearing, the order of the Ld. CIT(A) may be vacated and that of the AO restored. 5. The appellant craves to add, amend, alter or delete any of the above ground of appeal during the course of appellate proceedings before the Hon'ble Tribunal. 2. In this case, the assessee had entered into international transactions and in respect thereof, he was supposed to furnish certain documents specified u/s. 92D of the Act r.w.r. 10D of the Income Tax Rules, 1962 (hereinafter referred to as 'the Rules'). That however, the assessee did not furnish those documents irrespective of opportunities being provided to him. The Assessing Officer while issuing notice u/s. 274 r.w.s. 271G of Act in respect of section 92D(3) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is merely a technical hitch for which no prejudice is caused to the Revenue. 4. That further the assessee had contended that the principles of natural justice demands that the notice issued to the assessee for proceedings u/s. 274 r.w.r. 271G in respect of section 92D(3) of the Act that such notice should contain the names of the specific documents which the Assessing Officer requires the assessee to file before him. That however, in the said notice issued to the assessee nothing was specifically mentioned by the Assessing Officer. The Hon'ble Delhi High Court in the case of CIT vs. Leroy Somer Controls (India) (P) Ltd. (2014) 360 ITR 532 (Del.) has held that notice issued u/s. 92D(3) of the Act should specify information or docu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents u/s. 92D r.w.r. 10D of the Rules is with regard to enabling the Department for determination of the said ALP. In any case when the Assessing Officer has referred the matter to the TPO ultimately all the documents would had to be examined by the TPO and in this case he has done that. Therefore, non-filing of such documents before the Assessing Officer is a mere technical hitch which has not caused any prejudice to Revenue 6. Thereafter, when we peruse the notice for penalty proceedings, there also, there is no mention of any specific documents that are required to be filed by the assessee before the Assessing Officer. Taking the guidance of the Hon'ble Delhi High Court (supra.) without naming those documents there cannot be any i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
