1 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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.1190 OF 2004 MOTION NO.1190 OF 2004 MOTION NO.1190 OF 2004 IN IN IN INCOME INCOME INCOME TAX TAX TAX APPEAL (L) No.382 of 2004 APPEAL (L) No.382 of 2004 APPEAL (L) No.382 of 2004 IN IN IN INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2004 2004 2004 The The The Commissioner Commissioner Commissioner of Income Tax.. Applicant of Income Tax.. Applicant of Income Tax.. Applicant Mumbai Mumbai Mumbai City V. City V. City V. vs vs vs M/s M/s M/s Om Om Om Construction Pvt.Ltd .. Construction Pvt.Ltd .. Construction Pvt.Ltd .. Respondent Respondent Respondent Mr.R.G.Bhatt Mr.R.G.Bhatt Mr.R.G.Bhatt for for for Applicant Applicant Applicant Mr.P.K.Farida Mr.P.K.Farida Mr.P.K.Farida for Respondent. for Respondent. for Respondent. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ JJ JJ DATE DATE DATE : : : 5th June, 2007 5th June, 2007 5th June, 2007 P.C. P.C. P.C. 1.1.1. In view of withdrawal of the appeal, notice of In view of withdrawal of the appeal, notice of In view of withdrawal of the appeal, notice of motion motion motion has become infructuous. has become infructuous. has become infructuous. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J) 2 1.1.1. Heard learned counsel for the applicant. Heard learned counsel for the applicant. Heard learned counsel for the applicant. Learned Learned Learned counsel for the applicant seeks leave to counsel for the applicant seeks leave to counsel for the applicant seeks leave to withdraw withdraw withdraw the above appeal as the tax liability the above appeal as the tax liability the above appeal as the tax liability involved involved involved in the above is less than Rs.4,00,000/-. in the above is less than Rs.4,00,000/-. in the above is less than Rs.4,00,000/-. The The The appeal is allowed to be withdrawn and dismissed appeal is allowed to be withdrawn and dismissed appeal is allowed to be withdrawn and dismissed as as as such. such. such. 2.2.2. Permissible court fees be refunded to the Permissible court fees be refunded to the Permissible court fees be refunded to the applicant applicant applicant as per rules. as per rules. as per rules. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J) 3