requiring the assessee to furnish information in terms of Section 92D and
Section 92E of the Act and proceeded to levy penalty ... power under Section 271G of the
Act.
7.In terms of Section 92D of the Act, which deals with maintenance,
keeping and furnishing of information
where the assessee had maintained
information and documents as prescribed under section 92D ,
declared the international transaction under Chapter X, and,
disclosed all the material ... Since the Petitioner had maintained information and documents as
prescribed under Section 92D , and complied with all statutory requirements
under Chapter X of the Income
information or documents referred to in sub-section
(3) of section 92D and after considering such evidence as the Transfer
Pricing Officer may require ... functions of the Assessing Officer specified in sections 92C and 92D in
respect of any person or class of persons.”
……
144C. Reference to dispute resolution
transaction is void. It is submitted that
Explanation I to Section 92D was inserted by Finance Act, 2012 with
retrospective effect from 01.04.2002, applicable
except the second proviso to Sub-Section (2)], 92CA, 92CB, 92D, 92E and 92F apply accordingly.
(3) Notwithstanding anything to the contrary contained in this
information or documents referred to in sub-section
(3) of section 92D and after considering such evidence as the Transfer
Pricing Officer may require ... functions of the Assessing Officer specified in sections 92C and 92D in
respect of any person or class of persons.”
Section 144C . Reference to dispute
The Deputy Commissioner Of Income Tax vs Saint Gobain India Private Limited on 31 March
reference to the information and documents required to be provided under
Section 92D and 92E of the Act, wherein, they have, in no uncertain terms
preparation of
TP documentation. A re-look at the provisions
of section 92D(1) clearly states that, every
person entering into an international
transaction
Transfer Pricing Officer for certain
informations in terms of Section 92D and 92-E of the Act. In this regard, a
questionnaire was also enclosed
