SAS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3271 OF 2005 NOTICE OF MOTION NO.3271 OF 2005 NOTICE OF MOTION NO.3271 OF 2005 IN IN IN INCOME TAX APPEAL (LOD) NO.1277 of 2005 INCOME TAX APPEAL (LOD) NO.1277 of 2005 INCOME TAX APPEAL (LOD) NO.1277 of 2005 The Commissioner of Income tax ..Appellant. V/s. M/s.Ultramarine & Pigme NTS Ltd. ..Respondent. Mr.A.D. Kango for appellant. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 1ST AUGUST, 2007. DATED : 1ST AUGUST, 2007. DATED : 1ST AUGUST, 2007. P.C. :- P.C. :- P.C. :- The issue of law is covered in favour of the assessee in view of the Judgment reported in 245 I.T.R. 769, learned counsel seeks leave to withdraw the motion and the appeal. Motion and Appeal are dismissed as withdrawn. Refund of Court fees as per rules. Certified copy expedited. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)