:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.1179 OF 2008 TAX APPEAL NO.1179 OF 2008 TAX APPEAL NO.1179 OF 2008 The Commissioner of Income Tax, ..Appellant Vs. Ms.Neelima Sawant ..Respondent Mr.S.K.Bhatnagar a/w.N.R.Prajapati for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 29TH SEPTEMBER, 2008 : 29TH SEPTEMBER, 2008 : 29TH SEPTEMBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant. None appeared for the Respondent, though served. The learned counsel for the Appellant categorically states that the questions of law raised in the above Appeal are squarely covered against the Revenue and in favour of the Assessee in the case of CIT Vs. Nagesh Devidas CIT Vs. Nagesh Devidas CIT Vs. Nagesh Devidas Kulkarni Kulkarni Kulkarni & Ors (2007) 291 ITR 407 (Bom) decided on 9th & Ors (2007) 291 ITR 407 (Bom) decided on 9th & Ors (2007) 291 ITR 407 (Bom) decided on 9th April,2007 April,2007 April,2007 2. In view thereof, the learned Counsel for the Appellant seeks leave to withdraw the above Appeal. The Appeal is allowed to be withdrawn and dismissed as such. Permissible Court Fees be refunded to the Appellant, as per rules. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)