2008 (12) TMI 38

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..... e said provision is mandatory and interest is in the nature of compensation and is leviable if advance tax paid was less than 75% of the assessed tax – therefore, question is answered in favour of revenue and against the assessee. - 126 of 1990 - - - Dated:- 17-12-2008 - ADARSH KUMAR GOEL and L.N. MITTAL JJ. Ms. Nareender. P. K. Singh, Senior Standing Counsel for revenue. Mr. Rohit Soo .....

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..... 961?" 2. We have dealt with question no.1 in case of assessee by separate order passed today in ITR No. 49 and 50 of 1990 and have left the question no.1 open. 3. For the same reasons question no.1 is left open. As regards question no.2, we find that the Tribunal set aside the levy of interest only on the ground that opportunity of hearing was not given to the assessee. It is not disputed .....

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