1 itxa.560.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 560 OF 2010 The Commissioner of Income Tax-4, Mumbai .... Appellant VERSUS M/s. Shivparas Yarns Pvt. Ltd. .... Respondent Mr. P. S. Sahadevan for Appellant. None for Respondent. CORAM: J. P. DEVDHAR and R. M. SAVANT, J.J. DATED: DECEMBER 13, 2010. P.C.: 1. Since the question raised in this Appeal is covered by the decision of the Apex Court in case of Commissioner of Income Tax, Mumbai V/s. Emptee Poly-Yarns (P) Ltd. reported in (2010) 188 Taxman 188 SC against the revenue, Counsel for the Revenue seeks leave to withdraw the Appeal. The Appeal is allowed to be withdrawn. Refund of court fees as per rules. (R. M. SAVANT, J) (J. P. DEVDHAR, J) SSM