JSW Energy Ltd. v. DCIT (2022) 197 ITD 417 / 220 TTJ 1 (Mum.) (Trib.)

S. 271G : Penalty-Documents-International transaction-Transfer pricing-Failure to furnish information within stipulated time-Absence of CFO-Reasonable cause-Penalty was deleted. [S. 92D(3), 274]

The assessee had failed to furnish documents requisitioned by TPO. Assessee contended that such delay in filing information was due to change of CFO of its company and once new CFO was appointed and was able to take complete charge of things, due compliance was made accordingly.Assessing Officer rejected  the reasons  and levied the penalty. Held that since absence of CFO in a large organization like assessee was indeed something serious and not a matter of course, explanation given by assessee for delay in filing information ought to have been accepted. Penalty imposed was deleted. (AY. 2014-15)