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 NO. 248 OF 2009 TAX APPEAL NO. 248 OF 2009 TAX APPEAL NO. 248 OF 2009 The Commissioner of Income-tax-II, Mumbai. ... Appellant. V/s. The Ganesh Bank of Kurundwad. ... Respondents. Vimal Gupta for the appellant. None for the respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 9th April 2009. : 9th April 2009. : 9th April 2009. P.C. P.C. P.C. : : : ---- ---- ---- . Since the question raised in this appeal is covered by the Apex Court judgment in the case of of C.I.T. v. HCL Comnet Systems and Services Ltd. C.I.T. v. HCL Comnet Systems and Services Ltd. C.I.T. v. HCL Comnet Systems and Services Ltd., (2008) 305 ITR 409 (SC), learned counsel for the appellant seeks permission to withdraw this appeal. Appeal is, accordingly, dismissed as withdrawn with no order as to costs. 2. Needless to mention that the appellant is entitled to refund of court fee as per law. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.)