Shanti Prime Publication Pvt. Ltd.
Sec. 271G of Income Tax Act, 1961— Penalty --- the assessee, a resident company, is engaged in the business of importing rough diamond, getting them cut & polished and thereafter exporting to various parties outside the Country including the Associated Enterprises (AEs) of the assessee situated abroad. In the transfer pricing study report, the assessee benchmarked the international transaction with the AEs relating to sale of polished diamond adopting Transactional Net Margin Method (TNMM) as the most appropriate method with operating profit / sales as the profit level indicator (PLI). Authority accepted the benchmarking done by the assessee by holding that the transactions with the AE are at arm's length. However, alleging non–maintenance of specified documents, he initiated proceedings under section 271G of the Act and ultimately passed an order on 24th July 2015, imposing penalty. The assessee challenged the penalty order by preferring an appeal before the first appellate authority.
After considering all the aspects of the issue, learned Commissioner (Appeals) deleted the penalty imposed under section 271G of the Act. Revenue filed appeal against the order of CIT (Appeals).
Tribunal held that learned Commissioner (Appeals) was justified in deleting the penalty imposed under section 271G of the Act. Grounds raised by the Revenue were dismissed. --- Deputy CIT vs. DECENT DIA JEWELS PVT. LTD. 23 ITCD Online 42 (MUM)