JUDGMENT R.K. Gulati, J. - These are two connected applications for the assessment year 1978-79, one arising out of proceedings under the Income Tax Act, 1961, and the other under the Interest-tax Act. By these applications, the assessee, Benares State Bank Ltd., has desired that the Income Tax Appellate Tribunal, Allahabad Bench, Allahabad, be directed to draw up a statement of the case and to refer certain questions, proposed in these applications for the opinion of this court. As common questions have been raised, we propose to dispose of both these applications by a common order. 2. The assessee-bank, in the past, was maintaining its accounts on mercantile basis. In the immediately preceding year, relevant to the assessment year 1977-78, the assessee calculated the accrued interest on what is called "sticky advances" and instead of taking the same to the profit and loss account, such interest was kept in a separate account which was, however, brought to tax in the hands of the assessee. In the year in dispute, the assessee did not calculate the accrued interest on "sticky advances" nor did it credit any amount in its account books. On the failure of the assessee to furnish the details of interest accrued on sticky loans, the Income Tax Officer estimated such interest to be Rs. 15 lacs and brought it to tax in the hands of the assessee. 3. In the first appeal against the assessment order, basically three contentions were raised. The first contention was that the assessee was not liable to tax on any amount being the accrued interest on sticky loans, on the ground that the recovery of the principal amount itself was doubtful. This contention was repelled in view of the decision of the Supreme Court in the case of State Bank of Travancore Vs. Commissioner of Income Tax, Kerala, AIR 1986 SC 757 . The second and alternate contention was about the quantum of interest which was brought to tax in the hands of the assessee on the ground that the same was excessive. On the second contention, the Commissioner of Income Tax (Appeals) sent the matter back to the Income Tax Officer for fresh adjudication. He observed that the assessee should furnish correct figures of interest to the Inspecting Assistant Commissioner who shall determine the quantum of interest after verification and obtaining such other information from the assessee as may be necessary. On the second contention, the Commissioner of Income Tax (Appeals) sent the matter back to the Income Tax Officer for fresh adjudication. He observed that the assessee should furnish correct figures of interest to the Inspecting Assistant Commissioner who shall determine the quantum of interest after verification and obtaining such other information from the assessee as may be necessary. The third and last contention was that out of the interest income assessed, a sum of Rs. 5,60,740 could not be assessed, as the same had already been taxed in the earlier year and the same was transferred by the assessee during this year from the suspense account and credited to the profit and loss account The appellate authority observed that the interest amount credited to the suspense account but taxed in earlier assessment years was Sub-judice before the higher authorities. However, accepting the contention in principle, he directed the Assessing Officer to allow the deduction only when the final decision of the higher authority on the disputed issue was received in favour of the Revenue. He further directed stay of collection of the demand on the disputed amount which may be found to have been taxed earlier. 4. On second appeal to the Income Tax Appellate Tribunal at the instance of the assessee, the decision of the Commissioner of Income Tax (Appeals) was confirmed. The assessee, thereafter, applied for a reference u/s 256(1) of the Act and the same having been rejected, the present applications have been filed, as noted earlier. 5. We have heard learned counsel for the parties. In our opinion, no statable question of law arises out of the order of the Income Tax Appellate Tribunal on which any direction could be issued to the Tribunal to refer the case for the opinion of this court. 6. The basic question whether the assessee is liable to tax on the interest income on "sticky advances" is concluded against the assessee by the decision of the Supreme Court in the case of State Bank of Travancore Vs. Commissioner of Income Tax, Kerala, AIR 1986 SC 757 . The questions proposed by the assessee in this regard are academic and do not survive for any further adjudication. On the question of quantum of interest and liability to tax of Rs. 5,60,740, the appellate authorities have remitted the matter to the Assessing Officer for fresh adjudication without taking any final decision. The questions proposed by the assessee in this regard are academic and do not survive for any further adjudication. On the question of quantum of interest and liability to tax of Rs. 5,60,740, the appellate authorities have remitted the matter to the Assessing Officer for fresh adjudication without taking any final decision. The questions proposed by the assessee on these aspects do not arise out of the order passed by the Income Tax Appellate Tribunal. 7. In the result, both these reference applications are without any substance and are accordingly rejected with costs.