1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1889 OF 2009 IN INCOME TAX APPEAL (L) NO.433 OF 2009 The Commissioner of Income Tax ..Appellant. Versus M/s.Chandulal Surajmal ..Respondent. Mr.A.S. Shivsharan for the appellant. Mr.B.V. Jhaveri for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 22nd JUNE, 2009 P.C. : 1. Learned counsel appearing for the revenue submits that because of the mistake of the tribunal, the appeal has been filed for assessment year 1999-2000. He submits that even the annexures annexed to the appeal memo are wrongly annexed. Under these circumstances, he seeks permission to withdraw the appeal with liberty to file fresh appeal. 2. In this view of the matter, the appeal is allowed to be withdrawn with liberty resorted in favour of the revenue. No costs. (J.P. Devadhar, J.) (V.C. Daga, J.)