: 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.1559 OF 2007 TAX APPEAL NO.1559 OF 2007 TAX APPEAL NO.1559 OF 2007 The Commissioner of Income Tax-23, . Mumbai ...Appellant V/s. Mahalaxmi Chemical Works, Mumbai ...Respondent Mr.Abhay Ahuja a/w. Mr.P.S. Sahadevan, Advocates, for the Appellant. . None for the Respondent. CORAM CORAM CORAM : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & A.V. A.V. A.V. NIRGUDE, JJ. NIRGUDE, JJ. NIRGUDE, JJ. DATE DATE DATE : 15TH JULY, 2008. : 15TH JULY, 2008. : 15TH JULY, 2008. P.C. P.C. P.C. : : : . Heard the learned Counsel for the Appellant. 2. The learned Counsel for the Appellant seeks leave to withdraw the above Appeal in view of the judgment of Sudarshan Chemical Industries Ltd. [245 ITR 769] which has been affirmed by the Hon’ble Supreme Court in the case of CIT V/s. Laxmi Machine Works [290 ITR 667] as the issue has been covered against the Revenue and in favour of the assessee. 3. In view thereof, the Appeal is allowed to be withdrawn and dismissed as such. 4. Permissible Court fees be refuned to the Appellant as per rules. : 2 : [A.V. [A.V. [A.V. NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.]