AGK 1 itxa408-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.408 OF 2010 The Commissioner of Income Tax – 8, Mumbai ..Appellant. Versus M/s.Asia Pacific Marbles Private Limited ..Respondent. Mr.Suresh Kumar for the appellant. None for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 13 August 2010. P.C. : 1. The appeal has been mentioned by the learned Counsel appearing on behalf of the Revenue, on the ground that he has received written instructions to withdraw the appeal. Accordingly, with the consent of the learned Counsel and at his request, the appeal has been taken on board and has been called out. 2. In terms of the request made before the Court, the appeal is dismissed as withdrawn. There shall be refund of Court fee, if any as per Rules. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)