Commissioner of Income Tax vs Indian Overseas Bank

N.K. Jain, Actg. C.J.

The above tax case is at the instance of the Commissioner of Income Tax, Tamil Nadu-I, Madras, u/s 256(2) of the Income Tax Act, 1961, as the Income Tax Appellate Tribunal has stated the case and referred the following questions of law for the assessment year 1976-77 :

"(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the reopening of the assessment u/s 147(b) was not valid ?

(2) Whether, on the facts and in the circumstances, of the case, the Appellate Tribunal was correct in law in holding that the gross interest payment which had been incurred in the foreign branches was entitled to deduction u/s 35B ?"

Learned senior standing counsel for the Department submits that so far as the first question of law is concerned, the Tribunal has held that the reopening of the assessment was based on a mere change of opinion by the authority and without jurisdiction, which being a question of fact, may be answered in the affirmative and against the Department. Learned counsel further submits that the controversy regarding the second question of law, was set at rest by this court in Commissioner of Income Tax Vs. Bharat Overseas Bank Ltd., , and this question may also be answered in the affirmative and against the Revenue.

In view of the above submissions and for the reasons mentioned in the decision cited supra, both the questions of law referred to us are answered in the affirmative and against the Revenue. The tax case is disposed of accordingly. No costs.