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.2064 OF 2003 OF MOTION NO.2064 OF 2003 OF MOTION NO.2064 OF 2003 IN IN IN INCOME INCOME INCOME TAX APPEAL (LODG.) NO.685 OF 2003 TAX APPEAL (LODG.) NO.685 OF 2003 TAX APPEAL (LODG.) NO.685 OF 2003 The Commissioner of Income Tax, Mumbai .. Appellant V/s Shri.Mohanlal Hansraj Jain .. Respondent Mr.R.G.Bhat for the Appellant. Mr.A.K.Jasani for the Respondent. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN & J.P.DEVADHAR, J.P.DEVADHAR, J.P.DEVADHAR, JJ. JJ. JJ. DATE DATE DATE : 5th March, 2007. : 5th March, 2007. : 5th March, 2007. P.C.: P.C.: P.C.: 1. The learned Counsel for the Appellant seeks leave to withdraw the Notice of Motion since the question of law involved in the Appeal is squarely covered by the judgment of the Supreme Court in the case of Commissioner Commissioner Commissioner of Income Tax V/s.D.P.Sandu Bros.- (2005) of Income Tax V/s.D.P.Sandu Bros.- (2005) of Income Tax V/s.D.P.Sandu Bros.- (2005) 273 273 273 ITR 1, ITR 1, ITR 1, against the Revenue. Hence, Notice of Motion is allowed to be withdrawn and dismissed as such. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)