:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2216 OF 2008 IN INCOME TAX APPEAL (L) NO.2604 OF 2007 WITH INCOME TAX APPEAL (L) NO.2604 OF 2007 The Commissioner of Income Tax, City-6. ..Appellant. Vs. M/s. Invest Impex Pvt. Ltd. ..Respondents. Mr.J.S.Saluja for the Appellant. Mr.Jitendra Jain with A.K. Jasani for the Respondents. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 23rd January, 2009. PC : 1. Considering the cause shown, delay condoned subject to the appellant paying costs quantified at Rs.5000/- to be paid to the respondent within a period of six weeks from today. Office to register the appeal. It is made clear that if the respondents are still aggrieved, they are at liberty to apply for recall of this order. INCOME TAX APPEAL (L) NO. 2604 OF 2007 2. As the tax effect is less than Rs.4.00 lacs, the learned counsel seeks to withdraw the appeal. Appeal is dismissed as withdrawn. Refund of court fee as per rules. Certified copy expedited. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)