-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Income Tax Appeal (L) No.140 of 2003 The Commissioner of Income-tax ... Appellant v/s. M/s.CMC Ltd. ... Respondent Mr.Ashok Kontangale for appellant. None for respondent. ---- CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 13th December 2005 DATED : 13th December 2005 DATED : 13th December 2005 P.C. : P.C. : P.C. : 1. Mr.Kontangale appearing for the appellant states that the appellant may move a Miscellaneous Application for the review of the impugned order since the appellant would like to canvass that more than 50% of the shares of the concerned Company are not held by the Company. The Tribunal will consider the submissions as and when any such Application is made. 2. Mr.Kontangale, therefore, withdraws this Appeal. Appeal is allowed to be withdrawn with liberty to raise this issue before the Tribunal by making necessary application. (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) -2- (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)