1989 (1) TMI 93 - HC - Income Tax

Summary

Issues: Assessment of interest credited to the interest suspense account under the Income-tax Act and deduction under section 36(1)(viii) on gross total income before relief deduction.

Analysis:
The High Court of Kerala dealt with two main issues in this judgment. Firstly, the question of whether the interest credited to the interest suspense account of the corporation could be taxed under the Income-tax Act. The Appellate Tribunal had previously remitted this matter to the Income-tax Officer for further investigation based on a Circular of the Central Board of Direct Taxes. The High Court concluded that there was no concluded decision on this matter yet and that it required factual investigation and application of relevant legal provisions. Therefore, the court declined to direct the Appellate Tribunal to refer this question for its decision.

Secondly, the issue of whether the deduction under section 36(1)(viii) should be given on the gross total income before deducting the relief was considered. The Appellate Tribunal had already directed a similar question to be referred for the earlier assessment year. The High Court found that this question did arise from the appellate order and directed the Appellate Tribunal to refer this question for its decision. The specific question formulated was whether the deduction under section 36(1)(viii) should be given on the gross total income before deducting the relief.

In conclusion, the High Court disposed of the original petitions based on the above analysis, declining to refer the first question regarding the taxation of interest credited to the suspense account and directing the Appellate Tribunal to refer the second question concerning the deduction under section 36(1)(viii) for its decision.