1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 761 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. Indian Rare Earth Ltd. ..Respondent. Mr. Suresh Kumar for appellant. Mr.Sanjiv M. Shah for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 20TH JULY,, 2009. P.C. :- Mr.P.S.Shahadevan, learned counsel appearing on behalf of the appellant submits that before preferring the above appeal, permission from COD was not obtained. In this view of the matter, the appeal stand dismissed with liberty to apply for recall of the order, if the appellant receives permission from COD. Hence the appeal stand disposed of with liberty to the Revenue to apply for restoration, if permission is received from COD. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)