This is a complex topic. I think it's best to refer you to Apple's guidelines on object mutability.
Apple has this to say on the subject of using introspection to determine a returned object's mutability:
To determine whether it can change a received object, the receiver must rely on the formal type of the return value. If it receives, for instance, an array object typed as immutable, it should not attempt to mutate it. It is not an acceptable programming practice to determine if an object is mutable based on its class membership
(my emphasis)
The article goes on to give several very good reasons why you should not use introspection on a returned object to determine if you can mutate it e.g.
You read a property list from a file. When the Foundation framework processes the list it notices that various subsets of the property list are identical, so it creates a set of objects that it shares among all those subsets. Afterwards you look at the created property list objects and decide to mutate one subset. Suddenly, and without being aware of it, you’ve changed the tree in multiple places.
and
You ask NSView for its subviews (subviews method) and it returns an object that is declared to be an NSArray but which could be an NSMutableArray internally. Then you pass that array to some other code that, through introspection, determines it to be mutable and changes it. By changing this array, the code is mutating NSView’s internal data structures.
Given the above, it is perfectly acceptable for you to return the mutable array in your example (provided of course, you never mutate it yourself after having returned it, because then you would be breaking the contract).
Having said that, almost nobody has read that section of the Cocoa Objects Guide, so defensive programming would call for you to make an immutable copy and return that unless performance profiling shows that it is a problem to do that.