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[2008] 303 ITR 219 (Punjab & Haryana) HIGH COURT OF PUNJAB AND HARYANA Commissioner of Income-tax v. Vijay Yarn & Textiles (P.) Ltd. ADARSH KUMAR GOEL AND RAJESH BINDAL, JJ. ITR NO. 7 OF 1996 SEPTEMBER 25, 2006 Section 139(8)/215/217 of the Income-tax Act, 1961 - Return of income - Interest for late filing of Where demand notice which was a part of assessment order indicated clearly charging of interest and its working the Tribunal was not justified in deleting interest holding that there was no direction for charging interest. CASE REVIEW Vinod Khurana v. CIT [2002] 253 ITR 578 (Punj. & Har.) followed & relied upon. Dr. N.L. Sharda for the Applicant. JUDGMENT Following question of law has been referred for opinion of this court by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, arising out of its order dated October 17, 1995, in I. T. A. No. 893/Chandi/90, in respect of the assessment year 1986-87: "Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was right in law in deleting the interest charged under section 139(8), 215/217 in view of the fact that the demand notice which is a part of the assessment order indicated dearly charging of interest and its working ?" Facts noticed by the Tribunal in the statement of case are: "While passing the assessment order for the assessment year 1986-87, the Assessing Officer did not issue any direction for the charging of interest, in the body of the assessment order. The Assessing Officer, however, charged interest under sections 139(8) and 217 of the Income-tax Act. The learned Commissioner of Income-tax (Appeals) upheld the charging of interest. The assessee came in further appeal before the Tribunal. It was pleaded on behalf of the assesses 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 section 292B of the Income-tax Act." The question before the Tribunal was whether in the absence of direction for charging interest in the order of assessment, interest could be charged. The Tribunal held that such…

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