1 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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.1312 OF 2004 MOTION NO.1312 OF 2004 MOTION NO.1312 OF 2004 IN IN IN INCOME INCOME INCOME TAX TAX TAX APPEAL (L) NO.449 of 2004 APPEAL (L) NO.449 of 2004 APPEAL (L) NO.449 of 2004 The The The Commissioner Commissioner Commissioner of Income Tax.. Appellant of Income Tax.. Appellant of Income Tax.. Appellant Mumbai Mumbai Mumbai City-7. City-7. City-7. vs vs vs M/s M/s M/s Vitesse Trading Ltd.. Vitesse Trading Ltd.. Vitesse Trading Ltd.. Respondent Respondent Respondent Mr.A.Kotangale Mr.A.Kotangale Mr.A.Kotangale i.b i.b i.b Mr.Pankaj Kapoor for Mr.Pankaj Kapoor for Mr.Pankaj Kapoor for Appellant Appellant Appellant in support of Notice of Motion in support of Notice of Motion in support of Notice of Motion None None None for Respondent for Respondent for Respondent CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ JJ JJ DATE DATE DATE : : : 5th June, 2007 5th June, 2007 5th June, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the appellant. The Heard learned counsel for the appellant. The Heard learned counsel for the appellant. The learned learned learned counsel for the appellant counsel for the appellant counsel for the appellant seeks leave to seeks leave to seeks leave to withdraw withdraw withdraw the above appeal as the tax liability the above appeal as the tax liability the above appeal as the tax liability involved involved involved in the above is less than Rs.4,00,000/-. in the above is less than Rs.4,00,000/-. in the above is less than Rs.4,00,000/-. 2.2.2. Appeal is allowed to be withdrawn and dismissed Appeal is allowed to be withdrawn and dismissed Appeal is allowed to be withdrawn and dismissed as as as such. such. such. 3.3.3. Permissible court fees be refunded to the Permissible court fees be refunded to the Permissible court fees be refunded to the appellant appellant appellant as per rules. as per rules. as per rules. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)