:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1119 OF 2008 M/s. Sarudha Industries. ...Appellant. Vs, The Addl.Commissioner of Income Tax. ...Respondent. Mr.M.Agarwal i/by Mint & Conferers for the Appellant. Mr.A.S.Shivsharan for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATD : 19TH JANUARY, 2009. PC : 1. On behalf of the appellant, the learned counsel states that they have preferred misc. application before the tribunal which has been allowed by order dated 16.10.2007(08) and in view of that he seeks to withdraw the appeal with liberty that in the event revenue prefers any appeal against the said order they will be given liberty to file cross objection. Appeal dismissed as withdrawn with liberty as prayed for. Refund of court per rules. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)