Reference disposed of as academic because a prior decision affirming the application of Sections 28 to 43C for arrack contractors was cited as confirming the current operator's view. No substantive decision made.
Reference disposed of without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE V.V.S.RAO
AND
THE HON’BLE SRI JUSTICE B.N.RAO NALLA
REFERENCE CASE No.237 of 1996
Dated:25.11.2011
Between:
Commissioner of Income Tax, Visakhapatnam.
…Applicant
and
M/s.K.Ramakrishna Raju, And others.
…Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAO
AND
THE HON’BLE SRI JUSTICE B.N.RAO NALLA
REFERENCE CASE No.237 of 1996
ORDER: (Per Hon’ble Sri Justice V.V.S.Rao)
This reference at the instance of the Revenue involves a decision on the following question referred by the Income Tax Appellate Tribunal, Hyderabad Bench ‘A’.
Whether on the facts and circumstances of the case, the Tribunal is correct in setting aside the assessment made by applying the provisions of Sec.44AC and directing the Assessing Officer to complete the assessment as per the provisions of Secs.28 to 43C?
The respondent assessee is an arrack contractor. The Assessing Officer applied Section 44AC of the Income Tax Act, 1961 (the Act), while computing the income for the assessment year 1989-1990. While doing so, the Assessing Officer ignored the decision of this Court in A.Sanyasi Rao v Government of Andhra Pradesh wherein it was held that the income should be computed by applying the provisions of Sections 28 to 43C of the Act. It is now brought to the notice of this Court that the decision of this Court in A.Sanyasi Rao has been affirmed by the Supreme Court in Union of India v A.Sanyasi Rao. In that view of the matter, the question referred for the decision of this Court has become academic.
The reference is disposed of accordingly without costs.
(V.V.S.RAO, J)
(B.N.RAO NALLA, J)
25.11.2011
vs
1 issue framed by the court
Whether the Tribunal was correct in setting aside the assessment under Sec.44AC of the Income Tax Act, 1961.
Colour shows how this judgement treated each authority
A. Sanyasi Rao v Government of Andhra PradeshAffirmed¶19
A.Sanyasi Rao v Government of Andhra Pradesh
Union of India v A. Sanyasi RaoReferred¶19
Union of India v A.Sanyasi Rao
2 provisions across 1 enactments
Commissioner of Income Tax, Visakhapatnam
M/s. K.Ramakrishna Raju
V.V.S. Rao
B.N. Rao Nalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
