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TMI Blog2014 (1) TMI 888X X X X Extracts X X X X X X X X Extracts X X X X ..... in response to notice u/s 92CA(2) of the Act to support the computation of ALP by the taxpayer - there was no authority u/s 92D(3) with the T.P.O. to require the taxpayer to furnish non specified information or such information or document already filed by the taxpayer or use of the provision without asking the taxpayer to support first its ALP of International transactions. There is no point in requiring the same information again or require un-prescribed information u/s 92D(3) and cast additional burden on the taxpayer - it would no more remain valid notice u/s 92D(3)/271G of the Act - Once no specific requisition has been issued under section 92 D(3) for furnishing of specific particulars, there is no question of its remaining uncomp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the penalty is initiated under section 271 G but the scope of Section 271 G is different and it does not cover the non reporting in Form 3 CEB". No material has been brought on record to question or demolish these findings of fact. Learned counsel for the assessee, on the other hand, contends that as held by a coordinate bench of this Tribunal in the case of Cargill India (P.) Ltd. v. Dy. CIT (110 ITD 616), unless there is a specific requisition under section 92D(3), which has remained to be complied, penalty under section 271 G cannot be invoked. 4. We find that the issue is no longer res integra. As held by a coordinate bench of this Tribunal in the case of Cargill India (P.) Ltd. (supra), there has to be a specific requisition un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... document already filed by the taxpayer or use of the provision without asking the taxpayer to support first its ALP of International transactions. The case of any person other than the taxpayer for notice u/s 92D(3) stands on a different footing than of the taxpayer to whom notice u/s 92CA(2) has been issued. 28. Further u/s 92D(3), it will not be possible to call for, all the information prescribed under Rule 10D including supporting information and documents mentioned in sub-rule (3) in a routine or a casual manner without application of mind as to what specific information is required to achieve the purpose of the regulations. Information which has already been furnished by the taxpayer either in the audit report or in response to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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