Deleting the penalty the Tribunal held that where the assessee filed accountant’s Report in terms of section 92 E in paper mode during assessment proceedings but failed to upload / file same electronically due to ignorance or oversight i.e. bona fide mistake levy of penalty is not justified . ( AY. 2014-15)
Shree Ram Dass Rice & General Mills v. DCIT (2019) 176 ITD 748 (Chd.)(Trib.)
S. 271BA : Penalty-Failure to furnish reports-International transaction-Transfer pricing–Report was filed in the course of assessment proceedings–Failed to up load the form on e. portal – Ignorance or oversight–Bona fide mistake -Levy of penalty is held to be not justified. [S. 92CA(3), 92E, 273B]