THE COMMISSIONER OF INCOME TAX-II,COCHIN vs. ORMA GRANITE PALACE, ANGAMALY

JUDGMENT Vinod Chandran,J.

The appeal arises from a block assessment made pursuant to a search conducted in the premises of the group concerns on 02.03.2000. The very same action under Section 132 of the Income Tax Act, 1961 has resulted in block assessment with respect to four different assessees, viz., Orma Marble Palace, New Orma Marble Palace, Orma Marble Palace Pvt. Ltd. and Orma Granite Palace; all of whom are said to be comprised under the Orma Group of concerns. Appeals have been filed by the Revenue as against all the individual assessees and two of them [I.T.A.Nos.13 of 2011 and 29 of 2011] have been withdrawn based on the litigation policy. We find that the present appeal [I.T.A.No.21 of 2011] also is similarly situated insofar as the subject matter of appeal being less than Rupees Fifty lakhs. In such circumstances, we do not find any reason to adjudicate upon I.T.A.No.21 of 2011, since the litigation policy restricts the Revenue from prosecuting the same and the connected matters were also withdrawn by the Revenue based on the litigation policy. In the above circumstances I.T.A.No.21 of 2011 is dismissed based on the litigation policy; but, however, leaving the question of law to be considered in I.T.A.No.19 of 2011, in which the tax effect would be more than Rupees Fifty Lakhs. Parties are left to suffer their respective costs. K.VINOD CHANDRAN JUDGE ASHOK MENON JUDGE - 4 -