IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.367 of 2005 TAX APPEAL NO.367 of 2005 TAX APPEAL NO.367 of 2005 The Commissioner of Income Tax-10..Appellant Vs. M/s Narmada Cement Co Ltd.. Respondent Mr.Vimal Gupta with Mr.P.S.Sahadevan for Appellant None for Respondent CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : 11th June, 2008 : 11th June, 2008 : 11th June, 2008 P.C. 1. Heard learned counsel for the appellant and learned counsel for the respondent. 2. Learned counsel for the appellant fairly stated that the issue raised in the above appeal is squarely covered in the decision reported in 290 ITR 667 SC against the revenue. In view thereof, learned counsel for the appellant seeks leave to withdraw the above appeal. Appeal is allowed to be withdrawn. 3. Permissible Court fees be refunded as per rules. {A.V.Nirgude, {A.V.Nirgude, {A.V.Nirgude, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)