COMMISSIONER OF INCOME TAX Vs. ASHOK AUTO SERVICES

JUDGEMENT

(1.) AT the instance of the Revenue, the Tribunal referred the following question for the asst. yr. 1976- 77 for the opinion of this Court under S. 256(1) of the IT Act, 1961 (briefly, the Act) :

(2.) AN affidavit of service was filed by the standing counsel which shows that that assessee was sufficiently served. None has put in appearance on behalf of the assessee and we have, therefore, heard only the standing counsel.

(3.) THE controversy arising in this case is squarely covered by the decision of the Supreme Court in CIT vs. Empire Estate (1996) 132 CTR (SC) 221 : (1996) 218 ITR 355 (SC) : TC S34.3263. In this case the Court observed as under :