1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.10 OF 2004 WITH INCOME TAX APPEAL NO.461 of 2002 The Commissioner of Income Tax Mumbai City 4, Mumbai .. Appellant V/s M/s Shree Ambeshwar Paper Mills Ltd..Respondent Mr.R.Ashokan with Mr.P.S.Sahadevan for Appellant None present for the Respondent CORAM: DR.S.RADHAKRISHNAN AND A.P.BHANGALE,JJ DATED: JUNE 2, 2008 P.C.:- 1. Heard the learned Advocate for the Appellant. The learned Advocate for the Appellant Mr.R.Ashokan seeks leave to withdraw the appeal as the issue raised in the above appeal is already covered against the revenue. 2. In view thereof the appeal is allowed to be withdrawn and dismissed as such. 2 3. Permissible court fees be refunded to the Appellant, as per rules. 4. In view of the withdrawal of the above appeal, nothing further survives in the Notice of Motion, hence Notice of Motion stands dismissed. (DR.S.RADHAKRISHNAN,J) (A.P.BHANGALE,J.)