1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.557 OF 2009 Uniflex Cables Ltd. ..Appellant. V/s. Dy. Commissioner of Income Tax ..Respondent. Mr. S.C. Tiwari for appellant. Mr. Suresh Kumar for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 10TH AUGUST, 2009. P.C. :- 1. On the motion made by learned counsel for the appellant, he is allowed to withdraw the appeal with liberty to approach the Tribunal since the thrust of the appeal is that most of the facts were wrongly assumed by the Tribunal and they were erroneously recorded. The appeal is allowed to be withdrawn with liberty as prayed. 2. It would be open for the appellant to move the Tribunal with proper prayers setting out the correct factual aspects of the case. 3. No order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)