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 INCOME TAX INCOME TAX INCOME TAX APPEAL (LDG.) NO. 144 OF 2004 APPEAL (LDG.) NO. 144 OF 2004 APPEAL (LDG.) NO. 144 OF 2004 WITH WITH WITH NOTICE OF NOTICE OF NOTICE OF MOTION NO. 403 OF 2004 MOTION NO. 403 OF 2004 MOTION NO. 403 OF 2004 The Commissioner of Income Tax, Mumbai. ... Appellant. V/s. M/s.Hindalco Industreis Ltd. ... Respondent. Ashok Kotangale for the appellant. CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN and V.C.DAGA, JJ. and V.C.DAGA, JJ. and V.C.DAGA, JJ. DATED : 11th June 2007. DATED : 11th June 2007. DATED : 11th June 2007. P.C. : P.C. : P.C. : ---- ---- ---- . On the application of the learned counsel for the appellant, appeal is allowed to be withdrawn and dismissed as such. . In view of dismissal of appeal, nothing survives in the notice of motion. As such notice of motion is also dismissed as infructuous. . Refund of court fee as per rules. (V.C.DAGA, J.) (DR.S.RADHAKRISHNAN, J.) (V.C.DAGA, J.) (DR.S.RADHAKRISHNAN, J.) (V.C.DAGA, J.) (DR.S.RADHAKRISHNAN, J.)