:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1081 OF 2004 WITH INCOME TAX APPEAL NO.474 OF 2003 The Commissioner of Income tax-II. ..Appellant. Vs. M/s. The Pen Co.op. Bank Ltd. ..Respondent. Mr.P.S.Sahadevan for the Appellant. Ms. Assifa Khan for the Respondent. CORAM: F.I.REBELLO & R.S. MOHITE, JJ. DATED : 16TH JANUARY,2008. PC : 1. As the tax incidence is less than Rs.4.00 lakhs, the learned counsel seeks leave to withdraw the motion along with the appeal. Motion along with the appeal dismissed as withdrawn. Refund of court fees as per rules. Certified copy expedited. 2. The question of law, if any, is kept open for consideration in appropriate case. (R.S. MOHITE, J.) (F.I. REBELLO,J.)