1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1878 OF 2004 WITH INCOME TAX APPEAL (L) NO.673 OF 2004 The Commissioner of Income Tax .. Applicant. V/s. M/s.Garware Synthetics P. Ltd. .. Respondent. Mr.Ashok Kotangale for the applicant. Mr.A.K. Jasani with Mr.P.Y. Vaidya for the respondent. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 9TH JULY, 2007. P.C. : 1. On instructions, learned Counsel for the Applicant seeks leave to withdraw the Notice of Motion along with the Appeal. The notice of motion is dismissed as also the Appeal. 2. We make it clear that the question of law has not been answered and left open for consideration in appropriate proceedings. 3. Refund of Court Fee as per rules. 4. Certified Copy expedited. 2 (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)