* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3130 OF 2010 IN INCOME TAX APPEAL NO. 337 OF 2007 The Commissioner of Income Tax-V, Pune ....Appellant V/S. Krohne Marshall Ltd ...Respondent * * * * Mr. Vimal Gupta, Advocate for the appellant. None for the respondent. CORAM :- J.P. DEVADHAR, & SMT. R.P. SONDURBALDOTA, JJ. 23 rd June, 2011. P.C. :- 1. None for the respondent though served. For the reasons stated in the affidavit-in-support of the Motion, the delay is condoned. The Notice of Motion is made absolute in terms of prayer clauses (a) and (b). [SMT. R.P. SONDURBALDOTA, J] [J.P. DEVADHAR, J] * 2 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 337 OF 2007 The Commissioner of Income Tax-V, Pune ....Appellant V/S. Krohne Marshall Ltd ...Respondent * * * * Mr. Vimal Gupta, Advocate for the appellant. None for the respondent. CORAM :- J.P. DEVADHAR, & SMT. R.P. SONDURBALDOTA, JJ. 23 rd June, 2011. P.C. :- 1. Not on board. Taken up for admission on the request made by the Counsel for the revenue. 2. Since the questions raised in this appeal are covered against the revenue by the decision of the Apex Court, the counsel seeks to withdraw the appeal. The appeal is allowed to be withdrawn. Refund of court-fees as per law. [SMT. R.P. SONDURBALDOTA, J] [J.P. DEVADHAR, J] * 3 *