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2002 Supreme(AP) 146

S.R.NAYAK, S.ANANDA REDDY
Andhra Bank – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent


S. ANANDA REDDY, J.

( 1 ) IN this writ petition, the petitioner-bank is assailing the notices issued under Section 10 and subsequent notices issued under Sections 8 (1) and 8 (2) of the Interest-tax Act, 1974, for the assessment years 1992-93, 1993-94 and 1994-95 and prayed for the issue of a writ of certiorari or any other appropriate writ calling for the records relating to the issue of the above notices and quash the said notices, holding that the issue of the said notices is illegal, without jurisdiction and contrary to the provisions of the Interest-tax Act.

( 2 ) THE petitioner is a nationalised bank. Its entire capital is owned by the Central Government. Under the provisions of the Interest-tax Act, 1974 (hereinafter referred to as "the Act"), the petitioner is obliged to file a return disclosing its chargeable interest to tax. Accordingly, the petitioner-bank filed its returns disclosing chargeable interest under the Act for the above three assessment years enclosing copies of its audited profit and loss account and balance-sheet. According to the petitioner, it had declared the full interest, which is chargeable to interest-tax in terms of charging Section 5, read with Sec







































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