:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.98 OF 2008 The Commissioner of IncomeTax-16. ..Appellant. Vs. M/s. B. Parikh and Co. ..Respondent. Mrs.Anuradha Mane for the Appellant. Mrs.A.Vissanji with Mr. S.J. Mehta for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATD : 19TH JANUARY, 2009. PC : 1. The learned counsel points out that the present appeal mistakenly has been filed against the ITA Order No.1077/Mum./1998 dated 29.7.2005 for the assessment year 1989-90 instead of Order No.1076/Mum./1998. In the light of that, she seeks to withdraw the appeal with liberty to file fresh appeal against that order. Appeal dismissed as withdrawn with liberty as prayed for. Refund of court fee as per rules. Certified copy expedited. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)