2001 (1) TMI 229

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....hpur, dt. 26th Aug., 1993. 2. We have heard the arguments of both the sides and also perused the records. 3. The Revenue has raised only one ground of appeal before us disputing the deletion of interest of Rs. 15,247 charged under s. 217. The learned Departmental Representative of Revenue has contended that no appeal lies under s. 246 against charging of interest under s. 217. At this, the l....

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....r. He has contended that the provisions of s. 217 apply only in case of non-filing of estimate which is not the case here. He has also contended that the interest under s. 217 can be charged only in the regular assessment order and that there should be a finding of AO in the regular assessment about charging of interest but no such finding nor any direction to charge interest under s. 217 has been....

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....e AO. The contention of the learned authorised representative of the assessee, as contained in the written submission, that the AO has discretion to waive such interest under s. 217(2) r/w s. 215(4) is also not without weight and cannot be likely brushed aside. From the perusal of the record we also find that the learned Dy. CIT(A) has recorded a finding" that the appellant has paid tax under s. 2....