KJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2976 OF 2007 The CIT-9 ..Appellant Versus M/s.Phoenix Industries P.Ltd., ..Respondent ---- Mr.P.S.Sahadevan for the appellant. Mr.B.V.Jhaveri for the respondent. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Coram : F.I.Rebello & R.S.Mohite,JJ Coram : F.I.Rebello & R.S.Mohite,JJ Date : 3rd March 2008. PC 1. Though in the memo of appeal the tax incidence is shown as Rs.4,28,446/-, learned Counsel for the assessee/respondent points out that only issue was whether depreciation should be allowed at Rs.40,52,853/- instead of Rs.32,20,166/- and considering the tax payable for the relevant assessment years 2001-2002, considering both the tax and surcharge, it works to less than Rs.4.00 lakhs. 2. Considering the above, learned Counsel seeks leave to withdraw the appeal. Appeal dismissed as withdrawn. Refund of court fees as per rules. Certified copy expedited. 3. The questions of law, if any, is kept open for consideration in appropriate case. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)