https://www.taxtmi.com/caselaws?id=769630 HC upheld Tribunal's decision to reduce pre-deposit penalty to 20% under Section 19(1) second proviso. Court held that once legislature grants discretionary power to an authority, such discretion must be exercised to that authority's satisfaction. Tribunal properly formed opinion based on case facts and circumstances, balancing undue hardship against safeguarding penalty realization. Appellate court cannot interfere with properly exercised discretionary power unless authority failed to exercise such discretion entirely. en-us Thu, 17 Apr 2025 00:00:00 +0530 Tue, 29 Apr 2025 08:33:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=769630 HC upheld Tribunal's decision to reduce pre-deposit penalty to 20% under Section 19(1) second proviso. Court held that once legislature grants discretionary power to an authority, such discretion must be exercised to that authority's satisfaction. Tribunal properly formed opinion based on case facts and circumstances, balancing undue hardship against safeguarding penalty realization. Appellate court cannot interfere with properly exercised discretionary power unless authority failed to exercise such discretion entirely. Case-Laws FEMA Thu, 17 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=769630