: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 INCOME TAX APPEAL NO.278 OF 2002 The Commissioner of Income Tax. ..Appellant. Vs. Bassein Engg. Enterprises Pvt. Ltd. ..Respondent. Mr.P.S.Sahadevan for the Appellant. None for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22nd January,2008 PC : 1. As the tax incidence is less than Rs.4.00 lakhs, the learned counsel seeks leave to withdraw the appeal. Appeal is dismissed as withdrawn. Refund of court fee 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.)