COMMISSIONER OF INCOME TAX Vs. VIJAYA BANK

JUDGEMENT

(1.) THESE references are at the instance of the Revenue. Since the facts and the law involved in all the cases are same or similar, all references are disposed of by this common order.

(2.) FACTS as narrated by the Tribunal are as under : assessee-banks filed interest-tax returns for the asst. yrs. 1992-93, 1993-94, 1994-95 and 1995-96 and they were accepted. Subsequently, those assessments were reopened under Section 10 of the Interest-tax Act on the ground that the assessees had failed to declare the entire interest earned on securities. A notice was issued. Assessees again filed returns of interest showing the same figure as was shown in the original returns. Assessees objected to the addition of interest on securities to chargeable interest on the ground that the interest chargeable under Interest-tax act was only interest on loans and advances and securities do not fall within the purview of definition of 'interest' under the Interest-tax Act. Banks' contention was rejected. The entire interest on securities were brought to tax. Appeals were preferred before the CIT (A ). Appeals stood dismissed. Thereafter, banks preferred appeals before the Tribunal. The Tribunal in the leading judgment Canara Bank v. Dy. CIT ruled that interest on securities cannot be brought to tax but only the interest on loans and advances is chargeable to tax. The Tribunal ruled that in its considered view provisions of Section 10a of the interest-tax Act have no application. It has also ruled in the order that the interest on securities cannot be brought to tax but only the interest on loans and advances are chargeable to tax as amended by the Finance Act. The Tribunal ruled that the authorities are not justified in bringing to tax interest on securities for all the four years under appeal.

(3.) REVENUE sought for a reference by way of application under Section 256 (1)" of the IT Act.