1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.401 OF 2007 The Commissioner of Income Tax ..Appellant. V/s. M/s. Akash Stone Industries Ltd. ..Respondent. Mr. Suresh Kumar for appellant. None for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 18 AUGUST 2010 P.C. :- 1. The appeal was dismissed for non removal of office objections in pursuance to the conditional order dated 24 March, 2009 by the Prothonotary and Senior Master. At the request of learned counsel for the Revenue, office objections are waived and the appeal is restored to file, taken on board and is called out. Counsel for the Revenue seeks leave to withdraw the appeal since the issue stands covered against the Revenue by the judgment of the Supreme Court in the case of Income-Tax Officer V/s. Arihant Tiles and Marbles P. Ltd. [2010] 302 ITR 79 (SC). 2, The appeal is dismissed as withdrawn. There shall be refund of Court fee, if any, as per Rules. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)