1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. INCOME TAX APPEAL NO.131 OF 2004 Indu Construction & Technical Services Pvt.Ltd. .. Appellant v/s. Commissioner of Income-tax, Bombay City VI, Mumbai. .. Respoondent Mr.N.Dhilla i/by M/s.Hariani & Co. for appellant. CORAM : R.M.LODHA AND J.P.DEVADHAR, JJ. DATED : 17th December, 2004 P.C. The learned counsel for the assessee-appellant submits that the controversy raised in the appeal has become infructuous and the assessee is not desirous of prosecuting the appeal. 2. Appeal is allowed to be withdrawn. Refund of court fee as per law. (R.M.LODHA, (R.M.LODHA, (R.M.LODHA, J.) J.) J.) (J.P. (J.P. (J.P. DEVADHAR, J.) DEVADHAR, J.) DEVADHAR, J.)