IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4156 OF 2007 IN INCOME TAX APPEAL (L) NO.2202 OF 2006 The Commissioner of Income Tax-10 )..Appellant Versus M/s.Victory Flast Co.Pvt.Ltd., )..Respondents ---- Mr.P.S.Sahadevan for appellant. None for respondents. ---- Coram : F.I.Rebello & Coram : F.I.Rebello & Coram : F.I.Rebello & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 18.12.2007. PC 1. The averments in the affidavit have not been contested, delay condoned. Motion made absolute in terms of prayer clause-(a). Office to register the appeal. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) : 2 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2202 OF 2006 INCOME TAX APPEAL (L) NO.2202 OF 2006 INCOME TAX APPEAL (L) NO.2202 OF 2006 The Commissioner of Income Tax-10 )..Appellant Versus M/s.Victory Flast Co.Pvt.Ltd., )..Respondents ---- Mr.P.S.Sahadevan for appellant. None for respondents. ---- Coram : F.I.Rebello & Coram : F.I.Rebello & Coram : F.I.Rebello & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 18.12.2007. 1. Appeal has been filed on the following question of law :- "Whether in facts and in circumstances of : 3 : the case and in law, the learned CIT(A) has ignored the fact that the Gujrat bench of the learned ITAT in the case of Gujrat Akali Chemicals reported in 77 ITJ 304 (Ahd) which has held after considering the decision of Sudershan Chemicals that turnover should include all ingredients of sales tax and excise duty ? 2. The Supreme Court in Commissioner of Income Tax Commissioner of Income Tax Commissioner of Income Tax v.Lakshmi Machine Works v.Lakshmi Machine Works v.Lakshmi Machine Works reported in 290 ITR 667 (SC) has answered the issue in favour of the assessee. In the light of that, learned Counsel seeks withdrawal of the appeal. Appeal dismissed as withdrawn. Refund of court fees as per rules. Certified copy expedited. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)