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Penalty under direct taxes.

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(Querist)
16 September 2008 Whether 'mens rea' is to be proved to levy/confirm penalty u/s 271C of the Income Tax Act,1961.
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CA RAMESH KUMAR AHUJA

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CA RAMESH KUMAR AHUJA (Expert)
16 September 2008 For the purpose of levy of penalty u/s 271C existence of mens rea is not necessary as nothing has been provided in the language of the section to this effect. The only requirement before levy of penalty u/s 271C is to see whether there existed a reasonable cause as required u/s 273B of the Act or not.
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