IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.872 OF 2002 INCOME TAX APPEAL (LOD) NO.872 OF 2002 INCOME TAX APPEAL (LOD) NO.872 OF 2002 The Commissioner of Income Tax ..Appellant. V/s. Shri Nandkumar P.Kalani ..Respondent. Mr.Pankaj Kapoor for appellant. Mr.A.K.Singh i/b. K.Gopal & P.K.Parida for respondent. CORAM : V.C. DAGA AND CORAM : V.C. DAGA AND CORAM : V.C. DAGA AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 30TH AUGUST, 2005. DATED : 30TH AUGUST, 2005. DATED : 30TH AUGUST, 2005. P.C. :- P.C. :- P.C. :- . On the Motion made by the learned counsel for the appellant, he is allowed to withdraw the appeal. The same is dismissed as withdrawn with no order as to costs. The Court fees be refunded as per rules. (V.C. DAGA, J.) (V.C. DAGA, J.) (V.C. DAGA, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)