:1: bgp bgp bgp 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 INCOME INCOME INCOME TAX APPEAL NO.1567 OF 2007 TAX APPEAL NO.1567 OF 2007 TAX APPEAL NO.1567 OF 2007 The Commissioner of Income Tax, ..Appellant Vs. Uttamchand Jain ..Respondent Ms.Suchitra Kamble for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, S.J.KATHAWALLA, S.J.KATHAWALLA, JJ. JJ. JJ. DATE DATE DATE : 5TH AUGUST, 2008 : 5TH AUGUST, 2008 : 5TH AUGUST, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the Appellant. We have perused the order, which is annexed at page No.56 of the Appeal. The learned Counsel for the Appellant states that she has been able to obtain the copy of judgment of the third member but she does not have a copy of the judgment of the first and second members who were differing their respective views. Under these circumstances, the learned Counsel for the Appellant seeks leave to withdraw the above Appeal with the liberty to file an appropriate appeal along with all the aforesaid orders and annexures with proper questions of law if at all they arise. 2. In view thereof, the Appeal is allowed to be withdrawn with the aforesaid liberty. Permissible Court Fees be refunded to the Appellant, as per rules. (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: