IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3656 OF 2008 IN INCOME TAX APPEAL NO.1395 OF 2007 The Commissioner of Income-tax-9 )..Appellant V/s. M/s.Fairdeal Exports P.Ltd., Mumbai)..Respondents ---- Mr.Suresh Kumar for the appellant. Ms.Aarti Sathe for the respondents. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 16.02.2009. PC 1. Considering the cause shown and at the time of dismissal, the respondents were not present, in our opinion, the cause shown would amount to sufficient cause. Hence, Motion made absolute in terms of the prayer clauses. Appeal stands restored to file. INCOME TAX APPEAL NO.1395 OF 2007 1. By consent heard forthwith. The question of law is covered by the judgment of this Court reported in 267 ITR 488. In the light of that, there is no merit in this appeal. Appeal accordingly dismissed. (R.S.Mohite,J) (F.I.Rebello,J)