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 APPLICATION (L) NO. 69 OF 1996 TAX APPLICATION (L) NO. 69 OF 1996 TAX APPLICATION (L) NO. 69 OF 1996 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO. 1245 OF 1996 OF MOTION NO. 1245 OF 1996 OF MOTION NO. 1245 OF 1996 The Commissioner of Income-tax, Mumbai. ... Appellant. V/s. M/s.Steel Alloy Steel Fabricators. ... Respondent. P.S.Sahadevan for the appellant. None 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 : 28th April 2009. : 28th April 2009. : 28th April 2009. P.C. P.C. P.C. : : : ---- ---- ---- . In view of the Apex Court judgment against the Revenue, learned counsel for the Revenue seeks permission to withdraw this application. Application is withdrawn with no order as to costs. 2. Needless to mention that the appellant is entitled to refund of court fee as per law. 3. Since Application is dismissed, notice of motion does not survive. The same is disposed of as infructuous. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.)