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 ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL (LDG.) NO. 1265 OF 2007 TAX APPEAL (LDG.) NO. 1265 OF 2007 TAX APPEAL (LDG.) NO. 1265 OF 2007 The Commissioner of Income-tax-19, Mumbai. ... Appellant. V/s. Mariwala Family (No.3) Trust Trustees, Mumbai. ... Respondents. A.S.Shivsharan for the appellant. P.S.Pardiwala, senior counsel i/b. Ashok Bhogani and Co. for the respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 23rd April 2009. : 23rd April 2009. : 23rd April 2009. P.C. P.C. P.C. : : : ---- ---- ---- . On the motion made by learned counsel for the appellant, appellant is allowed to withdraw this appeal with liberty to take appropriate steps. Appeal is, accordingly, dismissed as withdrawn with no order as to costs. 2. Needless to mention that the appellant is entitled to refund of court fee as per law. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.)