https://www.taxtmi.com/caselaws?id=153260 Penalty for failure to perform a statutory obligation is subject to judicial discretion, which must be exercised with regard to all relevant circumstances. Even where the statute prescribes a minimum penalty, reduction below that minimum may be justified where the breach is technical or venial, or where the default arises from a bona fide belief. Here, the cheque for admitted tax was dishonoured, but the assessee paid promptly after intimation and no mala fide was found, so reduction of the penalty below the statutory minimum was upheld in the assessee's favour. en-us Fri, 29 Feb 1980 00:00:00 +0530 Sat, 20 Jul 2013 15:36:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=153260 Penalty for failure to perform a statutory obligation is subject to judicial discretion, which must be exercised with regard to all relevant circumstances. Even where the statute prescribes a minimum penalty, reduction below that minimum may be justified where the breach is technical or venial, or where the default arises from a bona fide belief. Here, the cheque for admitted tax was dishonoured, but the assessee paid promptly after intimation and no mala fide was found, so reduction of the penalty below the statutory minimum was upheld in the assessee's favour. Case-Laws VAT and Sales Tax Fri, 29 Feb 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=153260