FARAD CONTINUATION SHEET NO. 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 ORIGINAL CIVIL JURISDICTION ASN NOTICE OF MOTION NO.3795 OF 2005 WITH INCOME TAX APPEAL LODGING NO.1658 OF 2005 The Commissioner of Income Tax-18 Vs. M/s. Midas Touch Exports ---------------------------------------------------------------------- Office notes, office Memoranda Court’s or Judge’s orders. of Coram, appearance, Court’s orders or directions and Registrar’s orders. ---------------------------------------------------------------------- Mr.P.S.Sahadevan for the Appellant. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 24th March,2008. P.C. P.C. P.C. 1. Though the appeal has been valued at Rs.4,41,290/-, we find from the statement of facts that the issue is pertaining to interest of Rs.6,60,702/- which is interest on fixed deposit and Earnest Money Deposit. The tax incidence is therefore, less than Rs. 4.00 lakhs. In the light of that, the learned counsel seeks leave to withdraw the motion along with the appeal. Motion along with Appeal dismissed as withdrawn. Refund of court fees as per rules. Certified copy expedited. 2. The question of law, if any, is kept open for consideration in appropriate case. (R.S.MOHITE, J.) (F.I. REBELLO, J.)