(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODGING NO.942 OF 2005 WITH NOTICE OF MOTION NO.2228 of 2005 The Commissioner of Income-tax Mumbai ..Appellant Vs. M/s.Shrenuj & Co. ..Respondent Mr. P.S. Sahadevan, for the Appellant. Mr. S.S. Shetty, 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.: P.C.: P.C.: . As the tax incidence is less than Rs.4.00 lakhs learned Counsel seeks leave to withdraw the Appeal along with Motion. Appeal along with Motion dismissed as withdrawn. Refund of Court Fees as per Rules. Certified copy expedited. Question of law, if any, is left open for consideration in an appropriate proceedings. (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)