(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2729 OF 2005 WITH INCOME TAX APPEAL LODGING NO.1147 OF 2005 The Commissioner of Income Tax...Appellant Vs. M/s.Maruti Corporation ..Respondent Mr. G.S. Bhat, for the Appellant Mr. Atul K. Jasani, for the Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE,JJ. R.S.MOHITE,JJ. R.S.MOHITE,JJ. DATED: 5TH FEBRUARY,2008 DATED: 5TH FEBRUARY,2008 DATED: 5TH FEBRUARY,2008 P.C.: P.C.: P.C.: . The Revenue has preferred this Appeal against the order dated 13th January, 2005 which was passed in Miscellaneous Application No.363/Mum./2004. This Court in Chem Amit reported in 272 ITR 397 has held that an Appeal would not lie against the order passed in Miscellaneous Application. In the light of the above learned Counsel seeks leave to withdraw the Appeal along with the Motion with liberty to prefer an Appeal against the main order. With the above observation Motion as well as Appeal dismissed as withdrawn with liberty as prayed. Refund of Court Fees as per Rules. Certified copy expedited. (-2-) (R.S.MOHITE, J.) (R.S.MOHITE, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)