1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE INCOME TAX APPEAL NO. 830 OF 2002 M/s.ATV Projects India Ltd. Appellant vs. Dy. Commissioner of Income-tax, Special Range-39. Respondent Ms.V.B. Patel for the appellant. Mr.R.V.Desai with Mr.Vijay Kantharia i/b. Mr.Pankaj Kapur for the respondent. CORAM : R. M. LODHA & J.P. DEVADHAR,JJ. DATED : 15th September 2004 P.C. The learned counsel for the assessee submits that the grievance of the appellant does not survive in the appeal and, therefore, the appeal may be allowed to be withdrawn. 2. We accede to the prayer of the learned counsel and allow the appeal to be withdrawn. 3. Refund of court fee as per law. (R.M. (R.M. (R.M. LODHA, J.) LODHA, J.) LODHA, J.) (J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.)