Section 270A Penalty Doesn’t Require Mens Rea Presence: ITAT Bangalore

DCIT (E) Vs Rashtrotthana Parishat Keshava Shilpa (ITAT Bangalore) ITAT Bangalore held that that mens rea is not an essential condition for imposing penalties under civil acts. Penalty u/s. 270A of the Income Tax Act nowhere specifically refers necessity of presence of mens rea for levy of penalty. Accordingly, appeal of revenue allowed. Facts- Assessee is a trust. During assessment proceedings, AO held that revenue expenditure claimed as application of income includes the depreciation claim and the depreciation claim is in contravention of section 11(6) of the Act as the assessee has also cla...