IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1699 OF 2003 NOTICE OF MOTION NO. 1699 OF 2003 NOTICE OF MOTION NO. 1699 OF 2003 IN IN IN INCOME TAX APPEAL (LOD) NO.573 OF 2003 INCOME TAX APPEAL (LOD) NO.573 OF 2003 INCOME TAX APPEAL (LOD) NO.573 OF 2003 The Commissioner of Income-tax ..Appellant. V/s. ICICI Bank Ltd. ..Respondent. Mr.A.N.Kotangale with P.S. Sahderan for appellant. Mr.S.P.Mehta for respondent. CORAM : DR. S.RADHAKRISHNAN AND CORAM : DR. S.RADHAKRISHNAN AND CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 6TH MARCH, 2007. DATED : 6TH MARCH, 2007. DATED : 6TH MARCH, 2007. P.C. :- P.C. :- P.C. :- The learned counsel for the appellant seeks to withdraw the appeal in view of the Judgment of the Apex Court in the case of Sandvik Asia Ltd. V/s. Sandvik Asia Ltd. V/s. Sandvik Asia Ltd. V/s. Commissioner of Income-tax and Ors. Commissioner of Income-tax and Ors. Commissioner of Income-tax and Ors. reported in (2006) (2006) (2006) 280 I.T.R. 643 (S.C.) 280 I.T.R. 643 (S.C.) 280 I.T.R. 643 (S.C.). The appeal is allowed to be withdrawn and dismissed as such. 2. Court fees be refunded as per rules. 3. In view of disposal of the appeal, the Notice of Motion also stands dismissed. (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)