IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL (L) NO.1070 OF 2007 TAX APPEAL (L) NO.1070 OF 2007 TAX APPEAL (L) NO.1070 OF 2007 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO.2104 OF 2007 OF MOTION NO.2104 OF 2007 OF MOTION NO.2104 OF 2007 The Commisioner of Income Tax, Mumbai ..Appellant Vs. M/s.Kaveri Commercials Pvt.Ltd. ..Respondent Mr.Vimal Gupta for Appellant. Mr.J.D.Mistry with Mr.Raj Darak for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & SANTOSH SANTOSH SANTOSH BORA, JJ. BORA, JJ. BORA, JJ. DATE DATE DATE : 21ST APRIL, 2008 : 21ST APRIL, 2008 : 21ST APRIL, 2008 P.C. P.C. P.C. 1. As the tax effect is less than Rs.4,00,000/- in the above, the learned Counsel for the Appellant seeks leave to withdraw the above Appeal. The Appeal is allowed to be withdrawn and dismissed as such. Permissible Court fees be refunded to the Appellant, as per rules. 2. In view of withdrawal of the above Appeal, nothing further survives in the Notice of Motion. Hence, the same stands dismissed. (SANTOSH (SANTOSH (SANTOSH BORA,J.) (DR.S.RADHAKRISHNAN,J.) BORA,J.) (DR.S.RADHAKRISHNAN,J.) BORA,J.) (DR.S.RADHAKRISHNAN,J.)