- (1.) FOLLOWING question of law has been referred for opinion of this Court by the Tribunal, Chandigarh Bench, Chandigarh, "Whether, on the facts and circumstances of the case, the Tribunal was right in law in deleting the interest charged under ss. 139(8), 215/217 in view of the fact that the demand notice which is a part of the assessment order indicated clearly charging of interest and its working -
(2.) FACTS noticed by the Tribunal in the statement of case are : "While passing the assessment order for asst. yr. 1986 -87, the AO did not issue any direction for the charging of interest, in the body of the assessment order. The AO, however, charged interest under ss. 139(8) and 217 of the IT Act. The learned CIT(A) upheld the charging of interest. The assessee came in further appeal before the Tribunal. It was pleaded on behalf of the assessee that charging of interest in the absence of any direction in the assessment order was unwarranted and unjustified. It was also contended that this was not a defect which could be rectified under s. 292B of the IT Act."
(3.) THE question before the Tribunal was whether in absence of direction for charging interest in the order of assessment, interest could be charged. The Tribunal held that such interest could not be charged. We have heard learned counsel for the Revenue and perused the record.;