Willful income misreporting attracts penalty u/s 270A, intention irrelevant.

The Income Tax Appellate Tribunal (ITAT) upheld a penalty under Section 270A for an assessee's willful misreporting of income by improperly claiming both capital expenses and depreciation. The tribunal emphasized that mens rea, or intent, is not necessary for penalties under civil statutes like the Income Tax Act. The decision referenced the precedent set in Dharmendra Textile Processors, indicating that the act of contravention alone is sufficient for a penalty. The assessee's failure to voluntarily correct the mistake by revising the return was also highlighted. Consequently, the order of the Commissioner of Income Tax (Appeals) was set aside, and the Assessing Officer's penalty was sustained. .....

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