SAS 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 APPEAL NO.1000 OF 2004 INCOME TAX APPEAL NO.1000 OF 2004 INCOME TAX APPEAL NO.1000 OF 2004 The Commissioner of Income Tax ..Appellant. V/s. Shri Shivchand M. Lalwani (Indl) ..Respondent. Mr.B.M.Chatterji with P.P.Bhosale and P.S.Sahadevan for appellant. 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 : 1ST OCTOBER, 2007. DATED : 1ST OCTOBER, 2007. DATED : 1ST OCTOBER, 2007. P.C. :- P.C. :- P.C. :- As the tax incidence is less than Rs.4 lakhs learned counsel for the appellant seeks leave to withdraw the appeal. Appeal is dismissed as withdrawn. The question of law, if any, is left open for consideration in an appropriate case. Refund of Court fees 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.)