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TMI Blog2013 (1) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... port in respect of international transaction certifying the claim of the assessee. Therefore, the contention of the assessee that return of income in electronic form was not to accompany the report in Form 3CEB is not correct. In favour of revenue - IT APPEAL NO. 2704 (DELHI) OF 2011 - - - Dated:- 14-8-2012 - R.P. TOLANI AND K.D. RANJAN, JJ. Pratap Gupta for the Appellant. R.S. Negi for the Respondent. ORDER K.D. Ranjan, Accountant Member - This appeal by the assessee for Assessment Year 2006-07 arises out of the order of Commissioner of Income-tax (Appeals)-XX, New Delhi. The solitary ground raised by the assessee is reproduced as under:- "Ld. CIT (Appeals) without appreciating the correct facts of case, is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nitiated without considering Rule 12 of the Income-tax rules. Since audit report u/s 92E had been furnished along with reply dated 25.07.2008, it was prayed that penalty proceedings initiated u/s 271BA of the Act should be dropped. The AO considered the reply of the assessee. He observed that as per proforma prepared for filing the return of income electronically, most of the items of Tax Audit Report had duly been taken care of and the same were required to be punched in the electronic return. Because of this reason the assessee was spared from filing of all the reports of the auditor except the accountant's report in Form 3CEB relating to international transaction with associate enterprises. Since the assessee had filed auditor's report u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd both the parties and gone through the material available on record. U/s 92E every person who had entered into an international transaction during a previous year shall obtain a report from an accountant and furnish such report on or before the specified date in the prescribed form duly signed and verified in the prescribed manner by such accountant and setting forth such particulars as may be prescribed. From the language of sec. 92E it is clear that the assessee has to obtain report in respect of international transaction from an accountant and the same is to be filed before the AO before the due date for filing of the return. Under Rule 10E the report from the accountant required to be furnished u/s 92E by every person who has entered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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