CIT Vs. RADHIKA CONTAINERS PVT LTD

JUDGEMENT

(1.) At the outset we may note that the Respondent in this case has been served through publication, as reflected in the order dated 01.04.2011. Thereafter, the matter was posted for hearing on 18.07.2011. Since the Division Bench did not assemble on the said date, the matter was posted for today, i.e., 01.09.2011. There is No. appearance on behalf of the Respondent even today, despite the matter being passed over once. In these circumstances, the Respondent is proceeded ex-parte.

(2.) Mr Anand, learned Counsel for the revenue, submits that the appeal can be heard on the basis of the material available on record. He further submits that the appeal be admitted and decided as it has been pending for a considerable period of time on a short issue, which is covered by the judgment of the Supreme Court.

(3.) In view of the above circumstances, the appeal is admitted. The only question of law which is propounded for our consideration by the revenue is as follows: