1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON INCOME TAX APPEAL NO.842 OF 2004 The Commissioner of Income Tax .. Appellant. Versus M/s.Huindustan Construction Ltd. .. Respondent. Mrs.P.P. Bhosale with Mr.B.M. Chatterjee for the appellant. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 7TH AUGUST, 2007. P.C. : 1. Considering the tax incidence is less than Rs.4,00,000/-, learned counsel for the appellant seeks leave to withdraw the appeal. 2. The appeal is dismissed as withdrawn. Refund of Court fee as per rules. 3. Certified copy expedited. (F.I. REBELLO, J.) (J.P. DEVADHAR, J.)