on facts, if it is found that HMT Security is held as an investment, the benefit of broken period interest will not be available. The position will be otherwise if it is held as a trading asset. 10 (1972) 4 SCC 447 Civil Appeal No.3291­3294 of 2009, etc. Page 40 of 4523. Now, we turn to the factual aspects. As far as Civil Appeal No. 3291­94 of 2009 is concerned, the Tribunal, in a detailed judgment, recorded the following conclusions: a. Interest income on securities right from assessment year 1989­90 is being treated as interest on securities and is taxed under Section 28 of the IT Act; b. Since the beginning, securities are treated as stock­in­ trade which has been upheld by the Department right from the assessment year 1982­83 onwards; c. Securities were held by the respondent Bank as stock­ in­trade. The findings of the Tribunal have been upset by the High Court. The impugned judgment proceeds on the footing that the decision in the case of Vijaya Bank Ltd.1 case would still