1 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 ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1473 OF 2005 WITH INCOME TAX APPEAL (LODG) NO. 517 OF 2005 The Commissioner of Income Tax .... Appellant Vs. M/s Asian Paint Ltd. .... Respondent Mrs. P.P. Bhosale & Mr.B.M. Chatterji for Appellant Mr. S.S. Shetty for Respondent. CORAM : F.I. REBELLO, & CORAM : F.I. REBELLO, & CORAM : F.I. REBELLO, & J.P. DEVADHAR, JJ J.P. DEVADHAR, JJ J.P. DEVADHAR, JJ. DATE : 14TH AUGUST, 2007 DATE : 14TH AUGUST, 2007 DATE : 14TH AUGUST, 2007 P.C. 1) As the issue of law is covered by the judgment reported in 245 I.T.R. 769 (Bom), which is upheld by the Apex Court, learned counsel seeks leave to withdraw the motion and the appeal. Motion along with appeal stand dismissed as withdrawn. Refund of court fees as per rules. Certified copy 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.)