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Leniency for mistakes in IT returns
An assessee who makes a bona fide mistake while filing returns should not face penal action on a “mechanical application” of Section 143(1-A) of the Income Tax Act, the Supreme Court declared in its judgment in Rajasthan Electricity Board vs Dy Commissioner. That provision can be invoked only when it is found on facts that the smaller amount stated in the return was a result of an attempt to evade tax. In this appeal, the board claimed 100 per cent depreciation according to the old rule, while the new rule allowed only 75 per cent.
