https://www.taxtmi.com/caselaws?id=38909 Penalty under section 140A(3) of the Income-tax Act is not automatic on default in payment of self-assessment tax. The provision's proviso requires a reasonable opportunity before penalty is imposed, showing that the Income-tax Officer has discretion to decide whether any penalty should be levied and, if so, what amount is proper. The statutory language that the assessee "shall be liable to pay" does not mandate penalty in every case of default. On that construction, the issue was answered against the Revenue and the Tribunal's deletion of penalty was upheld. en-us Wed, 27 Oct 1976 00:00:00 +0530 Sat, 10 Apr 2010 13:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38909 Penalty under section 140A(3) of the Income-tax Act is not automatic on default in payment of self-assessment tax. The provision's proviso requires a reasonable opportunity before penalty is imposed, showing that the Income-tax Officer has discretion to decide whether any penalty should be levied and, if so, what amount is proper. The statutory language that the assessee "shall be liable to pay" does not mandate penalty in every case of default. On that construction, the issue was answered against the Revenue and the Tribunal's deletion of penalty was upheld. Case-Laws Income Tax Wed, 27 Oct 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38909