Rc/243/1996 Of The Commissioner Of Incometax v. Maheshwari And Others

THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA REFERRED CASE No.243 of 199628.11.2011 Between: The Commissioner of Income-tax, Vijayawada AND Maheshwari and others, Chittoor … Petitioner... Respondents THE HON’BLE SRI JUSTICE V.V.S. RAOAND THE HON’BLE SRI JUSTICE B.N.RAO NALLA REFERRED CASE No.243 of 1996 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The Commissioner of Income Tax, Vijayawada got the following two questions referred to the decision of this Court. Whether on the facts and in the circumstances of the case, the Tribunal iscorrect in law in holding that there is no ‘Body of Individuals’ to be taxed dueto diversion of income at source by overriding title? Whether on the facts and in the circumstances of the case, the Tribunal iscorrect in law in holding that there is no “Body of Individuals” to be taxedeven after holding that there was no Association of Persons to be taxed byits earlier decision in the same case? During the course of the hearing, the Counsel for both the parties have broughtto our notice the earlier orders of this Court in R.C. No.114 of 1989 dated19.2.1998 and R.C.No.1403 of 1992 dated 22.8.2002 in respect of the sameassessee. In both these matters, the first question herein above was answeredin favour of the Revenue and the second question was answered against theRevenue. Accordingly following the above two orders, we answer the first question in theaffirmative in favour of the Revenue and the second question in the negativeagainst the Revenue. The Reference Case shall stand disposed of accordingly. _______________ (V.V.S.RAO,J) _____________________ (B.N.RAO NALLA, J) November 28, 2011 NOTE: Orders in R.C.Nos.114 of 1989 and 1403 of 1992 shall be annexed to this order. (By order)YS