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Section 215 of the Income-tax Act, 1961, read with rule 40, of the Income-tax Rules, 1962 - Advance tax - Interest payable by assessee - Petitioner filed writ petition seeking mandate to set aside only a part of assessment order so far as it related to interest levied under section 215 - Petitioner's case was that it was entitled to waiver of interest under rule 40 as delay could not be attributed to petitioner-company - Whether question of petitioner's entitlement to benefit of rule 40 had to be gone into by ITO by giving a post-decisional hearing to petitioner limited to question of interest payable under section 215 - Held, yes FACTS The petitioner filed instant writ petition seeking a mandate to set aside only a part of the assessment order so far as it related to the interest levied under section 215. The basic grievance of the petitioner was that it was entitled to waiver of interest under rule 40 as the delay could not be attributed to the petitioner-company. On writ petition : HELD The question of petitioner's entitlement to benefit of rule 40 had to be gone into by the ITO by giving the petitioner a post-decisional hearing which should be limited only to the question of interest payable under section 215. Note : The petition was allowed. Miss Manisha Seal for the Petitioner. Nandalal Pal and Rupen Mitra for the Respondent. - Decision was in favour of petitioner. JUDGMENT The writ petitioner, by this writ applicaion, prays for a mandate to set aside only a part of the order so far as it relates to the interest as would appear from page 53 of the writ petition which is annexure 'E' to the writ petition. The basic grievance of the petitioner is that he is entitled to waiver of interest as the delay could not be attributed to the petitioner-company. Mr. Rupen Mitra led by Mr. Nandalal Pal, learned advocate, claimed and contended that the petitioner did not challenge the other part of the order. There is no disclosure as to whether the amount which is required to be paid has been paid or not. Mr. Mitra further claimed that this order is not liable for interference unless the entire order is otherwise challenged. Miss Seal, learned advocate appearing for the…

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