Commissioner Of Income Tax vs Indian Overseas Bank High Court Of Madras

R. Jayasimha Babu, J.—We are very surprised at the conduct of the revenue in seeking a reference, in a matter which admits of no doubt at

all.

The assessment of the assessee, a public sector bank, for the assessment year 1970-71 was completed on 28-2-1973, and it was revised twice

on 31-12-1973 and 10-10-1977. The matter was once again sought to be reopened on the allegation that the assessee had failed to furnish

relevant particulars with regard to the interest on securities, which according to the revenue audit was taxable on accrual basis and not on the basis

of realisation, and that the provisions for foreign exchange entitlement certificate should not have been treated as a liability and it should have been

treated as provisional liability. The assessee-bank having appealed to the Commissioner (Appeals) against the order, the order of reassessment

was set aside by the Commissioner (Appeals) who recorded a finding that the income offered from the interest on securities for Income Tax

purposes by the bank, was the correct one and was in accordance with law and further that the provisions for foreign exchange entitlement

certificate was in accordance with the computation made, which had been brought to the notice of Income Tax Officer in a special note.

The Tribunal, on further appeal by the revenue, held that in respect of both these items, primary facts had been furnished by the assessee even at

the time of original assessment. It is instructive to quote what the Tribunal has said further in the matter:

We are entirely at a loss to understand how the jurisdiction u/s 147(a) could have been assumed in such a case. There is not even a whisper of any

fact, whether material or not, which has not been brought to the notice of the Income Tax Officer in the statements annexed to the return in respect

of either of the two items. In fact, the assessee has been following the same method of adjustment for Income Tax purposes of the book income

from interest on securities year after year and has also worked out the provision in respect of foreign exchange entitlement certificates consistently.

There has been no escapement of any income over the years. Even if this year is considered independently, we have to agree with the

Commissioner (Appeals) that the assessee''s method of reckoning the taxable income in respect of these two items is valid even on merits and that

there is no reason whatsoever for presuming that there was any underassessment.

Despite all this, the revenue sought a reference and has brought the matter before us. This matter, due to the workload of the court has been

lying here for the past 15 years and the assessment made for the assessment year 1970-71 in the year 1973 had not been allowed to reach finality

on account of the conduct of the revenue . We must strongly disapprove the manner in which the revenue has been, as a matter of course, seeking

references to this court from almost every adverse order made by the Tribunal and even when the Tribunal has affirmed the orders made by the

Commissioner (Appeals) after considering every relevant aspect of the matter. The mere fact that liberty is given under the law to seek a reference,

does not imply a licence to use that liberty indiscriminately against the assessees, and not allow matters to reach finality for decades.

While answering the questions in favour of the assessee and against the revenue , we direct the revenue to pay a sum of Rs. 3,000 as costs to

the assessee.