1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.879 OF 2007 MOTION NO.879 OF 2007 MOTION NO.879 OF 2007 IN IN IN INCOME INCOME INCOME TAX TAX TAX APPEAL (L) NO.288 of 2004 APPEAL (L) NO.288 of 2004 APPEAL (L) NO.288 of 2004 IN IN IN INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2004 2004 2004 The The The Commissioner Commissioner Commissioner of Income Tax VI of Income Tax VI of Income Tax VI Mumbai Mumbai Mumbai ...... Appellant Appellant Appellant vs vs vs M/s M/s M/s Avtarsingh Avtarsingh Avtarsingh & Co Pvt.Ltd .. Respondent & Co Pvt.Ltd .. Respondent & Co Pvt.Ltd .. Respondent Ms.P.P.Bhosale Ms.P.P.Bhosale Ms.P.P.Bhosale for for for Appellant Appellant Appellant Ms.A.Visajee Ms.A.Visajee Ms.A.Visajee i.b i.b i.b S.J.Mehta for Respondent S.J.Mehta for Respondent S.J.Mehta for Respondent CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ JJ JJ DATE DATE DATE : : : 5th June, 2007 5th June, 2007 5th June, 2007 P.C. P.C. P.C. 1.1.1. In view of withdrawal of the appeal, motion has In view of withdrawal of the appeal, motion has In view of withdrawal of the appeal, motion has become become become infructuous. infructuous. infructuous. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J) 2 1.1.1. Heard learned counsel for the appellant and for Heard learned counsel for the appellant and for Heard learned counsel for the appellant and for the the the respondent. Learned counsel for the appellant respondent. Learned counsel for the appellant respondent. Learned counsel for the appellant seeks seeks seeks leave to withdraw the appeal. leave to withdraw the appeal. leave to withdraw the appeal. 2.2.2. Appeal is allowed to be withdrawn. Appeal is allowed to be withdrawn. Appeal is allowed to be withdrawn. 3.3.3. Permissible court fees be refunded to the Permissible court fees be refunded to the Permissible court fees be refunded to the appellant appellant appellant as per rules. as per rules. as per rules. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)