srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 1496 OF 2008 The Commissioner of Income Tax ..Appellant Vs. Shri Sumit P Bhattacharya ..Respondent Mr. Vimal Gupta for the Appellant. None for the Respondent. CORAM :- V.C.DAGA & J.P. DEVADHAR ,JJ. DATE : 23rd June, 2009 P.C. On the motion made by learned counsel for appellant, appeal is allowed to be withdrawn with liberty to adopt appropriate proceeding before appropriate forum. All contentions on merits are kept open. Permissible court fees be refunded to the appellant as per rules. (J.P. DEVADHAR, J.) (V.C.DAGA,J.)