1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. INCOME TAX APPEAL NO.787 OF 2002 The Commissioner of Income tax, Mumbai City IX, Mumbai. .. Appellant v/s. M/s.Impact Containers Ltd. .. Respondent Mr.R.Asokan i/by Mr.K.B.Rao for appellant. CORAM : R.M.LODHA AND J.P.DEVADHAR, JJ. DATED : 14th September, 2004 P.C. In view of the decision of the Supreme Court in the case of Commissioner of Income Tax v. Indo Nippon Chemicals Co.Ltd., 261 ITR 275, the learned counsel for the revenue submits that he has instructions to withdraw the appeal. 2. We accept his statement and allow the appeal to be withdrawn. 3. Refund of court fee as per law. (R.M.LODHA, (R.M.LODHA, (R.M.LODHA, J.) J.) J.) (J.P. (J.P. (J.P. DEVADHAR, J.) DEVADHAR, J.) DEVADHAR, J.)