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.1680 OF 2003 NOTICE OF MOTION NO.1680 OF 2003 NOTICE OF MOTION NO.1680 OF 2003 WITH WITH WITH WEALTH TAX APPEAL (LOD) NO.562 OF 2003 WEALTH TAX APPEAL (LOD) NO.562 OF 2003 WEALTH TAX APPEAL (LOD) NO.562 OF 2003 The Commissioner of Wealth Tax ..Appellant. V/s. Shri K.K.Motwani ..Respondent. Mr.Ashok Kotangale for appellant. Ms.Beena Pillai 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 The Motion and Appeal dismissed as withdrawn.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.)