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Penalty u/s 270A levied for assessee's willful misreporting of income by claiming both capital expenses and depreciation as application of income. ITAT held mens rea not essential for imposing penalties under civil acts like Income Tax Act. Contravention sufficient to attract penalty irrespective of intention behind it as per precedent in Dharmendra Textile Processors. Assessee's failure to rectify mistake by revising return voluntarily also noted. Order of CIT(A)/NFAC set aside, AO's order levying penalty u/s 270A sustained by allowing Revenue's appeal.
Penalty u/s 270A levied for assessee's willful misreporting of income by claiming both capital expenses and depreciation as application of income. ITAT held mens rea not essential for imposing penalties under civil acts like Income Tax Act. Contravention sufficient to attract penalty irrespective of intention behind it as per precedent in Dharmendra Textile Processors. Assessee's failure to rectify mistake by revising return voluntarily also noted. Order of CIT(A)/NFAC set aside, AO's order levying penalty u/s 270A sustained by allowing Revenue's appeal.
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