The ITAT ruled against penalty imposition u/s 271AA for failure ...

ITAT Cancels Transfer Pricing Penalty u/s 271AA Due To Lack Of Specific Documentation Deficiencies.

January 23, 2025

Case Laws     Income Tax     AT

The ITAT ruled against penalty imposition u/s 271AA for failure to maintain transfer pricing documentation u/s 92D read with Rule 10D. The tribunal emphasized that before levying penalties, tax authorities must specifically identify which required documents were not maintained or furnished by the assessee. The AO's penalty order was deemed procedurally deficient due to lack of proper show-cause notice and inadequate hearing opportunity. Moreover, since the Transfer Pricing Officer had already determined the international transactions with Associated Enterprises to be at arm's length, there was no substantive basis for penalty. The perfunctory nature of the assessment and failure to specify particular documentation deficiencies rendered the penalty order legally unsustainable.

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