COMMISSIONER OF INCOME-TAX Versus GUJARAT STATE WAREHOUSING CORPORATION LTD.

ORDER

1. The Revenue sought reference on the following questions of law for opinion of the High Court:

2. "(1) Whether the claim of the assessee ‑for exemption under sec tion 10(29) of the Income Tax Act, 1961, in respect of the interest income of Rs.6,03,374, staff quarters rent of Rs.5,147, miscellaneous income of Rs.5,647 and supervision charges of Rs.79,081 was rightly accepted by the Commissioner of Income‑tax (Appeals) and confirmed by the Tribunal?

(2) Whether the income received by the assessee from any source other than from letting of godowns or warehouses is exempt under section 10(29) of the Income Tax Act, 1961?"

3. Applications under sections 256(1) and 256(2) by the Revenue were dismissed.

4. Aggrieved, the Revenue came to this Court. The assessment year involved is 1981‑82. We find that on similar questions for the two assessment years viz., 1979‑80 and 1983‑84, this Court dismissed the special leave petitions filed by the Revenue by the following order:

5. S.L.P. (C) Nos.8701 of 1993 and 8808 of 1986:

6. "Delay condoned.

7. In view of the judgment of this Court in Union of India v. U.P. State 'Warehousing Corporation (1991) 187 ITR 54, wherein the judgment of the Allahabad High Court in U.P. State Warehousing Corporation v. ITO (1974) 94 ITR 129 has been affirmed, the special leave petitions are dismissed."

8. Our attention has been drawn to a decision of this Court in Orissa State Warehousing. Corporation v. CIT (1999) 237 ITR 589 which has taken somewhat different view, particularly, with regard to the interest income. We find a conflict between decisions on which earlier special leave petitions were dismissed and Orissa State Warehousing Corporation v. CIT (1999) 237 ITR 589 (SC). Accordingly, this matter may be placed before the Hon'ble the Chief Justice for directions for placing the matter before a larger Bench for decision.

9. M.B.A./477/FC Order accordingly.