Held that the AO has discretion to levy of penalty , it is not mandatory . The Tribunal also held that levy of penalty is invalid as the AO has neither specified the grounds and  default on the part of the assessee nor the notice specify the undisclosed on which the penalty is proposed to be levied . Order of CIT(A) deleting the penalty is affirmed . ( AY. 2020 -21 ) ( ITA No. 371/ Jaipur/2023 dt . 8 -11 -2023 )