1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON INCOME TAX APPEAL (L) NO.359 OF 2005 The Commissioner of Income Tax .. Applicant. Versus M/s.Apcotex Lattices Ltd. .. Respondent. Mr.Ashok Kotangale for the applicant. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 13TH AUGUST, 2007. P.C. : 1. Considering the tax incidence is less than Rs.4,00,000/-, learned counsel for the appellant seeks leave to withdraw the appeal. 2. The appeal stands dismissed as withdrawn. 3. Refund of court fee as per rules. Certified copy expedited. (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)