https://www.taxtmi.com/caselaws?id=12307 Section 140A(3) of the Income-tax Act, 1961, as then worded, made penalty for default in payment of self-assessment tax discretionary because the provision used the word "may". The Assessing Officer was therefore required to consider the facts and circumstances before levying penalty, and a deletion based on the record and the assessee's inability to pay was consistent with that discretion. The Court's earlier view that the provision was not automatic was applied, and the refusal to levy penalty was held not to raise a referable question of law. en-us Tue, 29 Jan 2002 00:00:00 +0530 Sun, 21 Feb 2010 11:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=12307 Section 140A(3) of the Income-tax Act, 1961, as then worded, made penalty for default in payment of self-assessment tax discretionary because the provision used the word "may". The Assessing Officer was therefore required to consider the facts and circumstances before levying penalty, and a deletion based on the record and the assessee's inability to pay was consistent with that discretion. The Court's earlier view that the provision was not automatic was applied, and the refusal to levy penalty was held not to raise a referable question of law. Case-Laws Income Tax Tue, 29 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=12307