Held that the mistake was purely an oversight resulting in excess claim of depreciation, which was less than one per cent. of the returned income. The assessee had been declaring returned income of more than Rs. 100 crores and paying substantial taxes over the years. Therefore, this was a not a case of under-reporting or misreporting of income, within the meaning of section 270A. The action of the Assessing Officer in levying penalty under section 270A(8) at the rate of 200 per cent.is unsustainable. The penalty is deleted. (AY.2017-18)
A.CIT v Mahashian Di Hatti P. Ltd. (2024)114 ITR 44 (SN)(Delhi)(Trib)
S. 270A:Penalty for under-reporting and misreporting of income-
Closing stock-Difference in value-Inadvertent mistake cannot be considered as misreporting of income. [S. 44AB, 270A(8)]