COMMISSIONER OF INCOME TAX Vs. DHANALAKSHMI MILLS LTD

JUDGEMENT

(1.) THE question referred to us at the instance of the Revenue is as under :

(2.) IN spite of the service of notice, the assessee has remained absent. Therefore, we have to proceed ex parte against the assessee.

(3.) AGAINST this, the assessee filed an appeal before the Tribunal. The Tribunal, however, held that since the original assessment order had merged with the appellate order passed by the CIT(A) and thereafter in the order of the Tribunal which was passed in second appeal by the Department, there was no question or any exercise being taken under S. 263 of the IT Act of revising the assessment order. Accordingly, the Tribunal, without going into the merits of the matter, disposed of the appeal. It is this order, which is challenged by way of the present reference.