CIT v.SSL-TTK Ltd. (2022) 209 DTR 331/(2023) 335 DTR 559 (Mad) (HC)

S. 271G : Penalty – Documents – International transaction – Transfer pricing – Conduct of Assessee can be considered as a reasonable act of an organization acting with prudence under normal circumstances without negligence or inaction or want of bonafides, hence no penalty u/s 271G can be invoked.

The conduct of the Assessee in complying with 12 items out of 16 items as called for by the TPO can be considered as a reasonable act of an organization acting with prudence under normal circumstances without negligence or inaction or want of bonafides.  There is no finding recorded by the AO that the conduct of the Assessee lacks bonafide or there was supine indifference on the part of the Assessee in not producing the records called for by the TPO, despite notice and despite fixing time frame and not furnishing all the details was on account of inaction leading to failure on the part of the Assessee to invoke Section 271G of the Act.  Therefore, we are of the view that on facts, the Tribunal rightly held in favour of the Assessee by affirming the order passed by the CIT(A). (AY . 2006-07)