MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2250 of 2005 WITH INCOME TAX APPEAL LODGING NO.1041 OF 2005 The Commissioner of Income-tax Mumbai ..Appellant Vs. M/s. Ruby Mills Ltd................Respondent Mr. P.S.Sahadevan,for the Appellant. Mr. Rajesh Shah, for the Respondent CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATED: 4TH SEPTEMEBR, 2007 DATED: 4TH SEPTEMEBR, 2007 DATED: 4TH SEPTEMEBR, 2007 P.C. . There is a delay of 248 days. The tax incidence is less than Rs.4.00 lakhs. Considering the C.B.D.T. Circular in our opinion the Appeal as filed has to be withdraw. Considering the above Appeal along with Notice of Motion dismissed as withdrawn. Refund of Court Fees as per Rules. Certified copy expedited. (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)