https://www.taxtmi.com/caselaws?id=69265 The omission to consider levy of interest under section 139(8) made the assessment order prejudicial to the Revenue, so revision under section 263 was justified. Waiver of interest under Rule 117A requires a conscious application of mind to the facts and circumstances, and the record did not show that the Income-tax Officer had exercised that discretion. However, the Commissioner could not direct automatic levy of interest, because the discretion under Rule 117A remained with the Income-tax Officer. The proper course was to remit the matter for fresh consideration on merits and decide whether interest should be levied after examining the relevant facts. en-us Fri, 09 Mar 1979 00:00:00 +0530 Wed, 06 Apr 2011 10:28:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=69265 The omission to consider levy of interest under section 139(8) made the assessment order prejudicial to the Revenue, so revision under section 263 was justified. Waiver of interest under Rule 117A requires a conscious application of mind to the facts and circumstances, and the record did not show that the Income-tax Officer had exercised that discretion. However, the Commissioner could not direct automatic levy of interest, because the discretion under Rule 117A remained with the Income-tax Officer. The proper course was to remit the matter for fresh consideration on merits and decide whether interest should be levied after examining the relevant facts. Case-Laws Income Tax Fri, 09 Mar 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=69265