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. 402 OF 2009 TAX APPEAL NO. 402 OF 2009 TAX APPEAL NO. 402 OF 2009 The Commissioner of Income-tax-3, Mumbai. ... Appellant. V/s. M/s.Jagadanand Investment & Training Co.Pvt.Ltd. ... Respondent. Vimal Gupta for the appellant. J.D.Mistry i/b. Raj Darak for the respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 20th April 2009. : 20th April 2009. : 20th April 2009. P.C. P.C. P.C. : : : ---- ---- ---- . Heard learned counsel for the parties. 2. In view of the fact that the impugned order has been recalled by the Tribunal, cause of action to proceed with this appeal does not survive. The subsequent order passed by the Tribunal in the impugned appeal is taken on record. 3. Appeal is dismissed in limine with no order as to costs. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.)