DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE, PUNE vs. BHATE & RAJE CONSTRUCTION CO PRIVATE LIMITED , PUNE

ITA 377/PUN/2026Status: DisposedITAT Pune27 May 2026AY 2014-156 pages
AI SummaryPartly Allowed

What were the facts?

The assessee company entered into specified domestic transactions with associated enterprises. The Transfer Pricing Officer (TPO) accepted these transactions as being at Arm's Length. However, the Assessing Officer (AO) initiated penalty proceedings under Sections 271AA and 271G of the Income Tax Act.

What did the Tribunal hold?

The Tribunal held that the penalty under Section 271AA was not maintainable as the AO did not specify which documents were not maintained by the assessee and the TPO had already accepted the transactions as Arm's Length. Similarly, the penalty under Section 271G was also held to be not maintainable, with the Tribunal finding no merit in the Revenue's appeal against the deletion of this penalty by the CIT(A).

What were the issues?

Whether penalties under Section 271AA and 271G are leviable when the primary transactions are accepted as Arm's Length and the specific documents allegedly not maintained are not identified. The applicability of omitted provisions related to Specified Domestic Transactions was also considered.

Which sections of the Income-tax Act were involved?

Section 271AA,Section 271G,Section 92D,Section 92CA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “C”, PUNE

Before: SHRI Dr. DIPAK P. RIPOTE & SHRI VINAY BHAMORE

For Appellant: Shri Nikhil S. Pathak
For Respondent: Shri Prakash L. Pathade, CIT-DR

PER Dr. DIPAK P. RIPOTE, A.M : These two appeals are filed by both the Assessee and Revenue against the order of the Learned Commissioner of Income Tax (Appeals), Pune-13 [Ld.CIT(A)], passed u/s. 250 of the Income Tax Act, 1961 (‘the Act’) for AY 2014-15 on 24-11-2025, emanating from the penalty orders 271AA, dated 29-06-2018 and 271G, dt. 29-06-2018. Since the facts

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 271AA

All 182 judgments and leading authorities on Section 271AA →

Recent GST High Court judgments

Search GST case law →