1 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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.1167 OF 2004 MOTION NO.1167 OF 2004 MOTION NO.1167 OF 2004 IN IN IN NOTICE NOTICE NOTICE OF OF OF MOTION NO. 3597 OF 2003 MOTION NO. 3597 OF 2003 MOTION NO. 3597 OF 2003 IN IN IN INCOME INCOME INCOME TAX TAX TAX APPEAL (L) No.1171 of 2003 APPEAL (L) No.1171 of 2003 APPEAL (L) No.1171 of 2003 The The The Commissioner of Income Tax Commissioner of Income Tax Commissioner of Income Tax ...... Applicant Applicant Applicant Mumbai Mumbai Mumbai XIX XIX XIX vs vs vs M/s M/s M/s A & P Developers .. A & P Developers .. A & P Developers .. Respondents Respondents Respondents Mr.R.G.Bhat Mr.R.G.Bhat Mr.R.G.Bhat for for for Applicant Applicant Applicant Mr.Y.R.Dubey Mr.Y.R.Dubey Mr.Y.R.Dubey for for for Respondents Respondents Respondents CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ JJ JJ DATE DATE DATE : : : 5th June, 2007 5th June, 2007 5th June, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the applicant. Heard learned counsel for the applicant. Heard learned counsel for the applicant. Learned Learned Learned counsel for the applicant seeks leave to counsel for the applicant seeks leave to counsel for the applicant seeks leave to withdraw withdraw withdraw the appeal as the tax liability involved the appeal as the tax liability involved the appeal as the tax liability involved inin in the above is less than Rs.4,00,000/-. The the above is less than Rs.4,00,000/-. The the above is less than Rs.4,00,000/-. The appeal appeal appeal is allowed to be withdrawn and dismissed as is allowed to be withdrawn and dismissed as is allowed to be withdrawn and dismissed as such. such. such. 2.2.2. Permissible court fees be refunded to the Permissible court fees be refunded to the Permissible court fees be refunded to the applicant applicant applicant as per rules. However, questions as per rules. However, questions as per rules. However, questions raised raised raised in the above appeal arekept open. in the above appeal arekept open. in the above appeal arekept open. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)