https://www.taxtmi.com/caselaws?id=38522 The doctrine of merger was confined to matters actually adjudicated in appeal, so an omitted interest issue that was not appealable could remain open to revision under section 263. Statutory interest under section 217 could be levied after considering any reduction or waiver under rule 40, and a reference to the wrong provision did not defeat the levy where the substantive power existed. Silence in the assessment order did not by itself show that the Income-tax Officer exercised discretion to waive interest under rule 48(1); waiver had to be affirmatively shown. en-us Fri, 27 Jun 1975 00:00:00 +0530 Wed, 07 Apr 2010 10:36:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38522 The doctrine of merger was confined to matters actually adjudicated in appeal, so an omitted interest issue that was not appealable could remain open to revision under section 263. Statutory interest under section 217 could be levied after considering any reduction or waiver under rule 40, and a reference to the wrong provision did not defeat the levy where the substantive power existed. Silence in the assessment order did not by itself show that the Income-tax Officer exercised discretion to waive interest under rule 48(1); waiver had to be affirmatively shown. Case-Laws Income Tax Fri, 27 Jun 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38522