1 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. 1596 OF 2005 IN INCOME TAX APPEAL (LODG) NO. 642 OF 2005 The Commissioner of Income Tax .... Appellant Mumbai Vs. Shri Akbar Amirali Jaffer .... Respondent Mr. Ashok Kotangale for Appellant. CORAM : F.I. REBELLO, & CORAM : F.I. REBELLO, & CORAM : F.I. REBELLO, & J.P. DEVADHAR, JJ J.P. DEVADHAR, JJ J.P. DEVADHAR, JJ. DATE : 14TH AUGUST, 2007 DATE : 14TH AUGUST, 2007 DATE : 14TH AUGUST, 2007 P.C. . As the tax incidence is less than Rs. 4 lakhs, the learned counsel seeks leave to withdraw the motion and the appeal. The questions of law, if any, is kept open for consideration in an appropriate proceeding. Motion along with Appeal stand dismissed as withdrawn. Refund of court fees as per rules. Certified copy expedited. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) ( F.I. REBELLO, J.) ( F.I. REBELLO, J.) ( F.I. REBELLO, J.)