Ita/29/2011 Of Commissioner Of Income Tax,Kottayam v. M/S.new Orma Marble Palace

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY ,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940 ITA.No. 29 of 2011 AGAINST THE ORDER/JUDGMENT IN ITA 46/2004 of I.T.A.TRIBUNAL,COCHINBENCH DATED 22-06-2010 APPELLANT/S: COMMISSIONER OF INCOME TAX,KOTTAYAMKOTTAYAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/S: M/S.NEW ORMA MARBLE PALACE (P) LTD., KUMARANALLOOR, KOTTAYAM. BY ADV. SRI.N.RAGHURAJ THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 04.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Vinod Chandran, J. The learned Standing Counsel, Government of India(Taxes) submits, on instructions, that the Revenue may bepermitted to withdraw the appeal on the basis of thelitigation policy framed by the Central Board of DirectTaxes. Hence, the appeal is permitted to be withdrawn,leaving open the questions of law. Sd/-K.VINOD CHANDRANJUDGE Sd/-ASHOK MENONJUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE AASSESSMENT ORDER U/S. 158 BC DATED 28.03.2002ANNEXURE BCIT (A) 'S ORDER IN APPEAL NO. ITA 125/R1/E/CIT-V/02-03, DATED 14.01.2004ANNEXURE CITAT'S ORDER IN APPEAL NO. IT (SS) A NO. 46/COCH/2004 DATED 22.06.2010ANNEXURE DJUDGMENT OF HON'BLE COURT IN ITA NO. 551 OF 2009 IN THE CASE OF M/S. HOTEL MERIA, PALA