2014 (1) TMI 888

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....his appeal, the Assessing Officer has challenged correctness of learned CIT(A)'s order dated 19th November 2009, in the matter of penalty under section 271 G of the Income Tax Act, 1961, for the assessment year 2005-06. 2. Grievance raised by the appellant is as follows:      "The learned CIT(A) Gandhinagar has erred in law and on facts in holding that the TPO did not ask....

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.... penalty is initiated under section 271 G but the scope of Section 271 G is different and it does not cover the non reporting in Form 3 CEB". No material has been brought on record to question or demolish these findings of fact. Learned counsel for the assessee, on the other hand, contends that as held by a coordinate bench of this Tribunal in the case of Cargill India (P.) Ltd. v. Dy. CIT (110 IT....

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....u/s 92D(3) is different from other statutory notices. Here the Assessing Officer or CIT (Appeals) are empowered to require from the taxpayer or any person who has entered into an international transaction to furnish any prescribed information or document. Notice u/s 92D(3) has to be confined to the furnishing of information or document as may be "prescribed". It is unauthorized to require the noti....

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....sactions. The case of any person other than the taxpayer for notice u/s 92D(3) stands on a different footing than of the taxpayer to whom notice u/s 92CA(2) has been issued.      28. Further u/s 92D(3), it will not be possible to call for, all the information prescribed under Rule 10D including supporting information and documents mentioned in sub-rule (3) in a routine or a ....