1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1789 OF 2009 WITH INCOME TAX APPEAL (L) NO.606 OF 2009 The Commissioner of Income Tax – 12, Mumbai ..Appellant. Versus M/s.P.D. Kothari & Co., Mumbai ..Respondent. Mr.P.S. Sahadevan for the appellant. Ms.Vasanti B. Patel for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 22nd JUNE, 2009 P.C. : 1. Heard learned counsel for the parties. For the reasons recorded in the affidavit in support of the notice of motion, the delay in filing the appeal is condoned. The notice of motion is made absolute accordingly. 2. Registry is directed to register the appeal. Office objections are waived. By consent of both the parties, Appeal is taken up for hearing. 3. On the motion made by the learned counsel for the revenue, he is allowed to withdraw the appeal since it is covered by the C.B.D.T. circular No.786 dated 7-2-2000. Learned counsel for the respondent has no objection in this behalf. The appeal is thus dismissed with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)