Allowing the appeal of the assessee the Tribunal held that; when assessee had requested TPO to kept matter in abeyance for reason that it had been following transfer of its file, then AO should had consider same and pursued matter with higher authorities to expedite transfer or should had given opportunity to assessee with further time and ask assessee to file all relevant documents when transfer application got delayed. Ultimately, assessee did file all documents necessary for determination of arm’s length price of its international transaction with its AE. Assessee was not in default and was under genuine and bonafide belief for not filing documentation within 30 days as required in notice issued u/s 92D(3). Accordingly the penalty was directed to be deleted. (AY. 2009-10)