Held, that the additions and disallowances made by the Assessing Officer were not in the nature of misreporting of income. In misreporting of income, mens rea on the part of the assessee is required to be present. Wilful default constitutes misreporting of income. The assessee had inadvertently made a wrong claim but had disclosed the facts fully and truly. Penalty is deleted. (AY.2017-18)
Punam Kanwar Bhati v. ITO (2024)113 ITR 750/229 TTJ 518/237 DTR 297 (Jodhpur) (Trib)
S. 270A:Penalty for under-reporting and misreporting of income-Mens rea must be present-Mere additions penalty cannot be imposed. [S. 40A(3), 270A(9)(d), 270AA
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