mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.506 OF 2007 ABG Heavy Industries Ltd. Appellant versus The Deputy Commissioner of Income Tax, Central Circle, Mumbai. Respondent Ms.Aarti Visanji with Mr.Mance Kulkarni i/by Amarchand Mangaldas & S.A.Shroff & Co. for appellant. Mr.Suresh Kumar for respondent. CORAM : BILAL NAZKI AND A.A.KUMBHAKONI, JJ. DATE : 16th September 2008 PC : 1. The appellant submits that the impugned order was recalled by the Tribunal on an application made by the assessee. But the order of recall by the Tribunal has now been challenged by the Department by writ petition, which is pending. Therefore, the appellant seeks to withdraw present appeal with liberty to file an appeal, if the order of recall is set aside. 2. As such, this appeal is allowed to be withdrawn. However, if the order of recall passed in favour of the assessee by the Tribunal is set aside on any ground, the appellant will be at liberty to file an appeal to challenge the basic order. (BILAL NAZKI, J.) (A.A.KUMBHAKONI, J.)