Jyoti Paper Udyog Ltd. v. Asst. CIT (2023)107 ITR 16 (SN)(Pune) (Trib)

S. 271AA : Penalty-Failure to keep and maintain books of accounts-Documents-International transaction-Transfer pricing-Non-compliance of provisions occurred due to opinion given by Chartered Accountant-Reasonable cause-Penalty unsustainable.[S.40A(2)(b), 92D, 92E, 273B]

Held that the assessee, on a bona fide belief, had referred to the chartered accountant as a matter of normal practice, for his opinion and once he had said that these provisions were not applicable, the assessee had acted accordingly. The assessee had taken all necessary steps that a prudent taxpayer would take to comply with the provisions of the Act. Therefore, the assessee fell within the definition of ”reasonable cause” as enshrined under section 273B of the Act. The order of the National Faceless Appeal Centre was set aside and the Assessing Officer is directed to delete the penalty levied.(AY.2013-14)