((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 10 OF 2005 The Commissioner of Income Tax ... Appellant Versus Mrs. Kamini Basant Taparia ... Respondent Mr. A.D. Kango for the Appellant. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED: OCTOBER 15, 2007 DATED: OCTOBER 15, 2007 DATED: OCTOBER 15, 2007 P.C. P.C. P.C. . The question of law as framed in Para 4 (a) of the appeal memo would not arise in view of the judgment of the Supreme Court reported in 273 ITR 1 which confirms the judgment of this court in 249 ITR 215. In view of the same the learned counsel for the appellants seeks liberty to withdraw the appeal. Appeal dismissed as withdrawn. Refund of court fees as per rules. C.C. expedited. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)