https://www.taxtmi.com/caselaws?id=37024 The court held that the Income Tax Officer (ITO) did not waive interest under Section 217 by omitting to charge it in the assessment order. It clarified that the ITO's silence did not constitute waiver as it required an intentional act. The court also determined that there was no merger between the ITO's and the Appellate Assistant Commissioner's orders, allowing the Commissioner to revise under Section 263. The Commissioner's power to revise the ITO's order was upheld due to the prejudicial omission of charging interest, leading to the Tribunal's decision being set aside for reconsideration without costs. en-us Fri, 06 Jul 1979 00:00:00 +0530 Fri, 26 Mar 2010 10:38:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=37024 The court held that the Income Tax Officer (ITO) did not waive interest under Section 217 by omitting to charge it in the assessment order. It clarified that the ITO's silence did not constitute waiver as it required an intentional act. The court also determined that there was no merger between the ITO's and the Appellate Assistant Commissioner's orders, allowing the Commissioner to revise under Section 263. The Commissioner's power to revise the ITO's order was upheld due to the prejudicial omission of charging interest, leading to the Tribunal's decision being set aside for reconsideration without costs. Case-Laws Income Tax Fri, 06 Jul 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=37024