1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.173 OF 2004 Oy Sisu-Auto AB .. Appellant. V/s. The Asstt.Commr of Income-tax, Circle 12(2), Mumbai .. Respondent. Mr.Jitendra Jain with Jitendra Motwani i/b. Andersen Legal India for the appellant. Mr.R.V. Desai, senior counsel with Mr.R. Asokan for the respondent. CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 7TH MARCH, 2005. DATED : 7TH MARCH, 2005. DATED : 7TH MARCH, 2005. P.C. : 1. Heard learned counsel for the appellant and the respondent. 2. The learned counsel submits that in view of the fact that the impugned order dated October 15, 2001 passed by the Income Tax Appellate Tribunal has been recalled by its order dated January 24, 2003 on an application made by the appellants, the present appeal has become infructuous. 3. Hence, the appeal stands dismissed. (S. RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.)