MAHITOSH MAJUMDAR, J. ( 1 ) THE writ petitioner, by this writ application, 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. ( 2 ) 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. ( 3 ) 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. ( 4 ) MISS Seal, learned advocate appearing for the petitioner, claimed and contended that the delay not being attributable to the petitioner-company, they are entitled to the benefit of rule 40 (1) of the Income-tax Rules, 1962. ( 5 ) RULE 40 of the Income-tax Rules, 1962, is as follows :" 40. Waiver of interest,--The Income-tax Officer may reduce or waive the interest payable under Section 215 or Section 217 in the cases and under the circumstances mentioned below, namely : (1) When the relevant assessment is completed more than one year after the submission of the return, the delay in assessment not being attributable to the assessee. (2) Where a person is under Section 163 treated as an agent of another person and is assessed upon the letter's income. (3) Where the assessee has income from an unregistered firm assessed under the provisions of Clause (b) of Section 183. (4) Where the previous year is the financial year or any year ending about the close of the financial year and large profits are made after March 1, (or March 15, in cases where the proviso to Section 211 applies), in circumstances which could not be foreseen, (5) Any case in which the Inspecting Assistant Commissioner considers that the circumstances are such that a reduction or waiver of the interest payable under Section 215 or Section 217 is justified. " ( 6 ) MISS Seal presented before this court a decision of this court being C. R. No. 7900 (W) of 1976 (Jeewanlal (1929) Ltd. v. CIT ). The present petitioner was the writ petitioner there in that case. In my view, this aspect has to be gone into by the concerned Income-tax Officer by giving the petitioner a post-decisional hearing which should be limited only to the question of interest payable under Section 215 of the Income-tax Act, 1961, which is seriously assailed by Miss Seal. For the sake of convenience, Section 215 of the Income-tax Act, 1961, is quoted below :" 215. Interest payable by assessee.-- (1) Where, in any financial year, an assessee has paid advance tax under Section 212 on the basis of his own estimate, and the advance tax so paid is less than seventy-five per cent, of the assessed tax, simple interest at the rate of twelve per cent, per annum from the 1st day of April, next following the said financial year up to the date of the regular assessment shall be payable by the assessee upon the amount by which the advance tax so paid falls short of the assessed tax. (2) Where before the date of completion of a regular assessment, tax is paid by the assessee under Section 140a or otherwise - (i) interest shall be calculated in accordance with the foregoing provision up to the date on which the tax is so paid ; and (ii) thereafter, interest shall be calculated at the rate aforesaid on the amount by which the tax as so paid (in so far as it relates to income subject to advance tax) falls short of the assessed tax. (3) Where as a result of an order under Section 154 or Section 155 or Section 250 or Section 254 or Section 260 or Section 262 or Section 264, the amount on which interest was payable under this Section has been reduced, the interest shall be reduced accordingly and the excess interest paid, if any, shall be refunded. (4) In such cases and under such circumstances as may be prescribed, the Income-tax Officer may reduce or waive the interest payable by the assessee under this section. (4) In such cases and under such circumstances as may be prescribed, the Income-tax Officer may reduce or waive the interest payable by the assessee under this section. (5) In this section and sections 217 and 273 assessed tax' means the tax determined on the basis of the regular assessment (reduced by the amount of tax deductible in accordance with the provisions of Sections 192 to 194, Section 194a, Section 194c, Section 194d and Section 195) so far as such tax relates to income subject to advance tax and so far as it is not due to variations in the rates of tax made by the Finance Act enacted for the year for which the regular assessment is made. " ( 7 ) THE earlier mentioned post-decisional hearing to the petitioner is to be given within two months from date. Till then, the income-tax authorities shall be at, liberty to take steps for obtaining the payment except interest, if not paid already, from the petitioner. Such payment shall not include the interest till the determination as regards the interest on the basis of post-decisional hearing is reached by the Income-tax Officer. ( 8 ) BE it recorded that the concerned authority, while passing the order, shall have due regard to the provisions of rule 40 of the Income-tax Rules, 1962, and Section 215 of the Income-tax Act, 1961. It is also to be mentioned that the concept of post-decisional hearing is a principle accepted by English Courts as also the Supreme Court. That being the position, I direct that, till the realisation as recorded above of the interest shall not be effected, but other payments shall be realised (sic ). ( 9 ) XEROX copy of the judgment delivered by Susanta Chatterji J. , which is produced by Miss Manisha Seal be kept with the record. ( 10 ) THE interim orders stand vacated in respect of other portion of the order excepting interest part. ( 11 ) THE petitioner shall take up the matter with the income-tax authorities within two weeks for the date for such post-decisional hearing and hearing shall be accorded within four weeks thereafter and the matter thereafter shall be decided. ( 12 ) MISS Seal is hereby directed to give the present postal address of the petitioner within two weeks, in default this order cannot be given effect to. ( 12 ) MISS Seal is hereby directed to give the present postal address of the petitioner within two weeks, in default this order cannot be given effect to. ( 13 ) THIS matter is thus disposed of. There will be no order as to costs.