IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL No. 1210 OF 2008 The Commissioner of Income-Tax, ... Appellant City-15, Mumbai Vs Chhotalal P. Patel (HUF) ... Respondent Mr. K. R. Choudhary, for the appellant. CORAM: Dr. S. RADHAKRISHNAN, & V. C. DAGA, JJ. DATED: DECEMBER 3, 2008. P.C.: ---- . Heard the learned counsel appearing for the appellant. The learned counsel for the appellant has tendered the affidavit dated 3rd December, 2008 wherein the appellant has pointed out that the appellant and its advocate had unfortunately not properly stated before this Court, and that the appellant was already served and the affidavit of service was also filed. In view of the same, by our earlier order dated 19th November 2008 wherein the appellant was directed to pay costs of Rs.5,000/-, stands withdrawn. 2. Heard the learned counsel for the appellant. - 2 - As the value of tax assessment is less than Rs. four lakhs, the learned counsel for the appellant seeks leave to withdraw the appeal. Leave is granted. Appeal is dismissed as withdrawn. Permissible court-fee refund be given to the appellant. Sd/- Sd/- [ V.C. DAGA, J.] [ Dr. S. RADHAKRISHNAN, J.]