1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.313 OF 2008 WITH NOTICE OF MOTION NO.1300 OF 2009 The Commissioner of Income Tax, City-10 ..Appellant. Versus M/s.Godrej Soaps Limited ..Respondent. Mr.J.S. Saluja for the appellant. Mr.Jitendra Jain with Mr.A.K. Jasani for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 16th JUNE, 2009 P.C. : 1. On the motion made by the learned counsel for the appellant, the appeal is allowed to be withdrawn since the question sought to be raised in this appeal does not arise from the order of the tribunal. The appeal is dismissed as withdrawn. 2. In view of dismissal of the appeal, it is not necessary to condone the delay. The notice of motion is therefore dismissed. (J.P. Devadhar, J.) (V.C. Daga, J.)