IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2098 OF 2006 NOTICE OF MOTION NO.2098 OF 2006 NOTICE OF MOTION NO.2098 OF 2006 IN IN IN INCOME TAX APPEAL (LODG.) NO.1073 OF 2006 INCOME TAX APPEAL (LODG.) NO.1073 OF 2006 INCOME TAX APPEAL (LODG.) NO.1073 OF 2006 The Commissioner of Income-tax-5 Mumbai..Appellant Versus M/s.Sitaram Estate Pvt. Ltd., ..Respondents ---- Mr.S.M.Shah with Sandip Wasnik & P.S.Sahadevan for the appellant. Ms.Beena Pillai i/by D.M.Harsha & Co. for respondents ---- Coram : F.I.REBELLO & Coram : F.I.REBELLO & Coram : F.I.REBELLO & R.S.MOHITE,JJ R.S.MOHITE,JJ R.S.MOHITE,JJ Date : 14.01.2008. PC 1. As the tax incidence is less than Rs.4 lakhs, learned Counsel seeks leave to withdraw the Notice of Motion and the appeal. The Notice of Motion and Appeal dismissed as withdrawn. Question of law, if any, is left open for consideration in an appropriate case. Refund of court fees as per rules. Certified copy expedited. (R.S.MOHITE,J) (F.I.REBELLO,J) (R.S.MOHITE,J) (F.I.REBELLO,J) (R.S.MOHITE,J) (F.I.REBELLO,J)