Regular assessment under income tax law became academic after Supreme Court guidance, so reference was refused.

A reference under section 256(2) of the Income-tax Act was treated as unnecessary because the proposed question on the meaning of "regular assessment" under section 214(1) had already been authoritatively answered by the Supreme Court. The court considered the issue academic and declined to direct a reference. The original petition was dismissed.

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Issues: Whether a reference under section 256(2) of the Income-tax Act, 1961, should be directed when the question proposed had already been concluded by the Supreme Court and had thus become academic.

Analysis: The petition sought reference of the meaning of "regular assessment" in section 214(1) of the Income-tax Act, 1961, namely whether it referred to the first assessment under section 143 or section 144 or to an order passed in consequence of appellate proceedings. The question had already been authoritatively answered by the Supreme Court, and the court treated the issue as no longer requiring reference.

Outcome: The request for reference was declined and the original petition was dismissed.

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