1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3443 OF 2005 IN INCOME TAX APPEAL (LODG) NO. 750 OF 2005 WITH NOTICE OF MOTION NO. 3444 OF 2005 IN INCOME TAX APPEAL (LODG.) NO. 743 OF 2005 WITH NOTICE OF MOTION NO. 3445 OF 2005 IN INCOME TAX APPEAL (LODG.) 744 OF 2005 The Commissioner of Income Tax .... Appellant Vs. M/s Mohan Rocky Springwater .... Respondent Breweries Ltd. Mr. A.D. Kango for Appellant. CORAM : F.I. REBELLO, & CORAM : F.I. REBELLO, & CORAM : F.I. REBELLO, & J.P. DEVADHAR, JJ J.P. DEVADHAR, JJ J.P. DEVADHAR, JJ. DATE : 14TH AUGUST, 2007 DATE : 14TH AUGUST, 2007 DATE : 14TH AUGUST, 2007 P.C. . As the tax incidence is less than Rs. 4 2 Lakhs, the learned counsel seeks leave to withdraw the appeal. Motions along with appeals stand dismissed as withdrawn. The questions of law, if any, is kept open for consideration in an appropriate proceeding. Refund of court fees as per rules. Certified copy expedited. ( J.P. DEVADHAR, J.) ( F.I. REBELLO, J.) ( J.P. DEVADHAR, J.) ( F.I. REBELLO, J.) ( J.P. DEVADHAR, J.) ( F.I. REBELLO, J.)