Om Prakash, J. - (1.) This is a revision for the assessment year 1972-73 by the assessee against the Tribunal's order dated 8th July, 1985.
(2.) The facts are that according to the assessing officer, the assessee failed to pay the admitted tax in time and therefore, interest amounting to Rs. 6,957.70 was imposed in the assessment order. The assessee filed appeal before the Assistant Commissioner (Judicial) and before the Tribunal, but, failed at both the stages.
(3.) Before the Tribunal, the assessee contended that an amount aggregating to Rs. 8,349.43 had become refundable to the assessee on account of the excess payment made over the years 1965-66 to 1971-72 and that if the amount refundable is adjusted first, then there would be no interest liability. The Tribunal rejected the contention of the assessee on the ground that no doeumentary evidence was shown by the assessee to support the contention that a sum of Rs. 8,349.43 became refundable prior to the date of the assessment and that if no refund was made as per the refund vouchers, then the assessee would be entitled to get simple interest at the rate of 18 per cent from the department.;