IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) No. 946 OF 2008 The Commissioner of Income-Tax, Appellant Mumbai City-14, Mumbai Vs Mr. Suresh K. Lodha ... Respondent Mr. D. K. Kanwal, for the appellant. CORAM: Dr. S. RADHAKRISHNAN, & V. C. DAGA, JJ. DATED: DECEMBER 3, 2008. P.C.: ---- . Heard the learned counsel for the appellant. The learned counsel for the appellant points out that the Department’s Miscellaneous Application was allowed by the ITAT and the Tribunal has decided the same in favour of the Revenue. In view thereof, the learned counsel for the appellant seeks leave to withdraw the appeal. Leave is granted. Appeal is dismissed as withdrawn. Permissible court-fee refund be given as per rules. Sd/- [ Dr. S. RADHAKRISHNAN, J.] Sd/- - 2 - [ V. C. DAGA, J.]