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