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of Penalty u/s 270A - allegation of misreporting as per section 270A(9) - Penalty @200% in respect of excess claim of depreciation - The tribunal found that the depreciation claims, although excessive, were based on a bona fide belief stemming from previous practices. Therefore, it did not constitute a deliberate misreporting. The tribunal agreed that the issue was debatable and thus, did not automatically translate to misreporting or underreporting of income. Ultimately, the tribunal decided to quash the penalties, ruling in favor of the assessee in both appeals based on the merits of the arguments presented and the procedural flaws highlighted during the appeal process.
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