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 NOTICE OF MOTION NO.1091 OF 2004 NOTICE OF MOTION NO.1091 OF 2004 NOTICE OF MOTION NO.1091 OF 2004 WITH WITH WITH WEALTH TAX APPEAL (LOD) NO.232 OF 2004 WEALTH TAX APPEAL (LOD) NO.232 OF 2004 WEALTH TAX APPEAL (LOD) NO.232 OF 2004 Director of Wealth Tax ..Appellant. V/s. Janseva Charities ..Respondent. Mr.A.N.Kotangale for appellant. Ma.Usha Dalal for respondent. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 22ND AUGUST, 2007. DATED : 22ND AUGUST, 2007. DATED : 22ND AUGUST, 2007. P.C. :- P.C. :- P.C. :- As the tax incidence is less than Rs.4 lakhs, learned counsel seeks leave to withdraw the Notice of Motion and the appeal. The Motion and Appeal dismissed as withdrawn. Issue of law, if any, is left open for consideration in an appropriate case. Refund of Court fee as per rules. Certified copy expedited. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)