THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA REFERRED CASE No.243 of 1996 28.11.2011 Between: The Commissioner of Income-tax, Vijayawada … Petitioner AND Maheshwari and others, Chittoor ... Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO AND 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 is correct in law in holding that there is no ‘Body of Individuals’ to be taxed due to diversion of income at source by overriding title? Whether on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that there is no “Body of Individuals” to be taxed even after holding that there was no Association of Persons to be taxed by its earlier decision in the same case? During the course of the hearing, the Counsel for both the parties have brought to our notice the earlier orders of this Court in R.C. No.114 of 1989 dated 19.2.1998 and R.C.No.1403 of 1992 dated 22.8.2002 in respect of the same assessee. In both these matters, the first question herein above was answered in favour of the Revenue and the second question was answered against the Revenue. Accordingly following the above two orders, we answer the first question in the affirmative in favour of the Revenue and the second question in the negative against 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