bgp bgp bgp 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.1018 OF 2008 TAX APPEAL NO.1018 OF 2008 TAX APPEAL NO.1018 OF 2008 The Commissioner of Income Tax, ..Appellant Vs. Mrs.Mariam A.Kathawala ..Respondent Mr.A.S.Shivsaran for the Appellant. None for the 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 : 24TH NOVEMBER, 2008 : 24TH NOVEMBER, 2008 : 24TH NOVEMBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant. The learned Counsel for the Appellant states that the Respondent has expired on 15th April, 2007 however, the Tribunal appears to have passed an order on 12th November, 2007 against a dead person, which is unsustainable in law. In view thereof, the learned Counsel for the Appellant seeks leave to withdraw the above Appeal with the liberty to approach before the Income Tax Appellate Tribunal for appropriate orders. 2. In view thereof, the Appeal is allowed to be withdrawn with the aforesaid liberty. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)