Commissioner of Income Tax vs Oriental Bank of Commerce Ltd.

S. Ranganathan, J.—The question sought to be raised by the department is covered by the decision of the Supreme Court in the case of State Bank of Travancore Vs. Commissioner of Income Tax, Kerala, , wherein similar circumstances the question was answered in favor of the revenue. Counsel for the assessed contends that the Supreme Court has not adjudicated upon the effect of certain circulars in force for a long number of years. This matter has to be considered at the time of final hearing of the matter. For the present we think that a question of law has to be referred because the decision of the Tribunal is contrary to the decision of the Supreme Court. We are, Therefore, of opinion that the following question of law does arise out of the order of the Tribunal for the decision of this Court :

"Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that the interest credited in the interest suspense account in respect of sticky advances was not taxable ?"

The common statement of case for both the years may be submitted. Both these petitions are disposed of.

No orders as to costs.