Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
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Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
The ITAT ruled against penalty imposition u/s 271AA for failure to maintain transfer pricing documentation u/s 92D read with Rule 10D. The tribunal emphasized that before levying penalties, tax authorities must specifically identify which required documents were not maintained or furnished by the assessee. The AO's penalty order was deemed procedurally deficient due to lack of proper show-cause notice and inadequate hearing opportunity. Moreover, since the Transfer Pricing Officer had already determined the international transactions with Associated Enterprises to be at arm's length, there was no substantive basis for penalty. The perfunctory nature of the assessment and failure to specify particular documentation deficiencies rendered the penalty order legally unsustainable.
The ITAT ruled against penalty imposition u/s 271AA for failure to maintain transfer pricing documentation u/s 92D read with Rule 10D. The tribunal emphasized that before levying penalties, tax authorities must specifically identify which required documents were not maintained or furnished by the assessee. The AO's penalty order was deemed procedurally deficient due to lack of proper show-cause notice and inadequate hearing opportunity. Moreover, since the Transfer Pricing Officer had already determined the international transactions with Associated Enterprises to be at arm's length, there was no substantive basis for penalty. The perfunctory nature of the assessment and failure to specify particular documentation deficiencies rendered the penalty order legally unsustainable.
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