1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON NOTICE OF MOTION NO.1252 OF 2006 WITH INCOME TAX APPEAL (L) NO.644 OF 2006 The Commissioner of Income Tax-3 .. Appellant. Versus M/s.Jogaiya Traders Pvt.Ltd. .. Respondent. Mr.P.S. Sahadevan for the appellant. Mr.Raj Mistry with Mr.Raj Darak for the respondent. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 8TH OCTOBER, 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 as well as notice of motion. 2. The appeal as also the notice of motion stands dismissed as withdrawn. 3. Refund of court fee as per rules. Certified copy expedited. (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)