https://www.taxtmi.com/caselaws?id=19139 Interest under section 139(8) is not chargeable where the tax ultimately assessed is less than the tax already paid by the assessee. The governing comparison is between assessed tax and tax paid; if the assessee has paid advance tax exceeding the assessed liability and a refund results, the statutory interest provision does not apply. The Rajasthan High Court applied this principle to an assessment made under the proviso to section 144 and answered the reference against the Revenue and in favour of the assessee. en-us Tue, 07 Feb 1995 00:00:00 +0530 Wed, 04 Nov 2009 12:28:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=19139 Interest under section 139(8) is not chargeable where the tax ultimately assessed is less than the tax already paid by the assessee. The governing comparison is between assessed tax and tax paid; if the assessee has paid advance tax exceeding the assessed liability and a refund results, the statutory interest provision does not apply. The Rajasthan High Court applied this principle to an assessment made under the proviso to section 144 and answered the reference against the Revenue and in favour of the assessee. Case-Laws Income Tax Tue, 07 Feb 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=19139