-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Income Tax Appeal No.407 of 2004 with Income Tax Appeal No.449 of 2004 Contract Advertising (India) Pvt. Ltd. .. .. Appellants v/s. Deputy Commissioner of Income Tax & anr. .. .. Respondents Mr.Atul Jasani for appellants. Mr.A.S.Rao for respondents. ----- CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 13th December 2005 DATED : 13th December 2005 DATED : 13th December 2005 P.C. : P.C. : P.C. : 1. Mr.Jasani appearing for the appellants in both the above matters states that the issue which is sought to be raised in this Appeal is decided against the assessee in the earlier decision. He has drawn our attention to the order passed by a Division Bench of this Court in Income Tax Appeal No.221 of 2003 decided on 4th October 2004 in which one of us (Devadhar, J.) was a member. This being the position, he has instructions to withdraw both the Appeals. 2. Both the Appeals are allowed to be withdrawn. Court fees be refunded as per the rules. (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) -2- (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)