1 itxa5540-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5540 OF 2010 The Commissioner of Income Tax – 10, Mumbai ..Appellant. Versus M/s.Dana Pharmaceuticals Limited ..Respondent. Mr.Vimal Gupta for the appellant. Mr.Jitendra Singh for the respondent. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 8th September 2011 P.C. : 1. The learned counsel for the Revenue seeks leave to withdraw the appeal in view of the fact that the question of law raised in this appeal is squarely covered by the decision of the Apex Court in the case of Commissioner of Income Tax V/s. Ajanta Pharma reported in 327 ITR 305 (S.C.). Accordingly, the appeal is allowed to be withdrawn. Refund court fee as per rules. (K.K. Tated, J.) (J.P. Devadhar, J.)