srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 1725 OF 2008 WITH NOTICE OF MOTION NO. 2063 OF 2009 The Commissioner of Income Tax ..Appellant Vs. M/s Indian Oil Corporation Ltd. ..Respondent Mr. Suresh Kumar i/b P.S. Sahadevan for the Appellant. Mr. A.K. Jasani for the Respondent. CORAM :- V.C.DAGA & J.P. DEVADHAR ,JJ. DATE : 29th June, 2009 P.C. Mr. P.S. Sahadevan, learned counsel appearing on behalf of the appellant submits that before preferring the above appeal, permission from COD was not obtained. In this view of the matter, the above appeal stands dismissed with liberty to apply for recall of the order, if the appellant receives permission from COD. Hence, the appeal stands disposed of with liberty to the Revenue to apply for restoration, if permission is received from COD. In view of the dismissal of the appeal, Notice of Motion does not survive. Hence, the same stands dismissed. (J.P. DEVADHAR, J.) (V.C.DAGA,J.)