: 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 NOTICE NOTICE NOTICE OF MOTION NO.266 OF 2005 OF MOTION NO.266 OF 2005 OF MOTION NO.266 OF 2005 WITH WITH WITH INCOME INCOME INCOME TAX APPEAL (L.) NO.175 OF 2005 TAX APPEAL (L.) NO.175 OF 2005 TAX APPEAL (L.) NO.175 OF 2005 The Commissioner of Income Tax . City - 7, Mumbai. ...Appellant V/s. Sadhana Nitrochem Ltd. ...Respondent Mr.Avinash Kango i/b. Pankaj Kapoor for the Appellant. Ms.Mehanaaz Wadia i/b. Hariani & Co. for the Respondent. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & J.P. J.P. J.P. DEVADHAR,JJ. DEVADHAR,JJ. DEVADHAR,JJ. DATE DATE DATE : 27TH AUGUST, 2007. : 27TH AUGUST, 2007. : 27TH AUGUST, 2007. P.C. P.C. P.C. : : : 1. The tax incidence in this case is less than Rs.4 lakhs. In view of the circular issued by the C.B.D.T., the learned Counsel seeks leave to withdraw the Appeal alongwith the Motion. The question of law, if any, is left open for consideration in appropriate proceedings. 2. The Motion alongwith the Appeal stands dismissed as withdrawn. There shall be no order as to costs. Refund of Court fees as per rules. C.C. expedited. : 2 : [J.P. [J.P. [J.P. DEVADHAR, J.] DEVADHAR, J.] DEVADHAR, J.] [F.I. [F.I. [F.I. REBELLO, J.] REBELLO, J.] REBELLO, J.]