:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.652 OF 2007 WITH INCOME TAX APPEAL LODG. NO.2801 OF 2006 The Commissioner of Income Tac(TDS). ..Appellant. Vs. M/s. SMS India Pvt. Ltd. ..Respondent. Mr.A.D.Kango with P.S.Sahadevan for the Appellant. Mr.A.K.Jasani for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 12TH FEBRUARY,2008. PC : 1. As the tax incidence is less than Rs.4.00 lakhs, the learned counsel seeks leave to withdraw the motion along with the appeal. Motion along with appeal dismissed as withdrawn. Refund of court fees as per rules. Certified copy expedited. 2. The question of law, if any, is kept open for consideration in appropriate case. (R.S. MOHITE, J.) (F.I. REBELLO, J.)