IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTIE OF MOTIN NO.1855 OF 2004 NOTIE OF MOTIN NO.1855 OF 2004 NOTIE OF MOTIN NO.1855 OF 2004 IN IN IN INCOME TAX APPEAL NO.777 OF 2004 INCOME TAX APPEAL NO.777 OF 2004 INCOME TAX APPEAL NO.777 OF 2004 The Commissioner of Income Tax ..Appellant. V/s. M/s.Hindustan Organic Chemicals Ltd. ..Respondent. Mr.R.G.Bhat i/b. Pankaj Kapoor for appellant. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND R.V.MORE, JJ. R.V.MORE, JJ. R.V.MORE, JJ. DATED : 3RD JULY, 2007. DATED : 3RD JULY, 2007. DATED : 3RD JULY, 2007. P.C. :- P.C. :- P.C. :- As the issue is covered by the Judgment of the Apex Court, on instructions, the learned counsel for the appellant seeks to withdraw the appeal along with the Notice of Motion. Appeal along with the Motion is dismissed as withdrawn. Refund of Court fees as per rules. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)