:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL (L) NO.482 OF 2004 TAX APPEAL (L) NO.482 OF 2004 TAX APPEAL (L) NO.482 OF 2004 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO.1796 OF 2004 OF MOTION NO.1796 OF 2004 OF MOTION NO.1796 OF 2004 AND AND AND INCOME INCOME INCOME TAX APPEAL (L) NO.484 OF 2004 TAX APPEAL (L) NO.484 OF 2004 TAX APPEAL (L) NO.484 OF 2004 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO.1801 OF 2004 OF MOTION NO.1801 OF 2004 OF MOTION NO.1801 OF 2004 The Commissioner of Income Tax ..Appellant Vs. M/s.Burroughs Welcome (I) Ltd. ..Respondent Mr.A.D.Kango for the Appellant. Mr.P.J.Pardiwalla with Ms.Bilkis Jayent i/b. M & M Legal Venture. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 26TH JUNE, 2007 : 26TH JUNE, 2007 : 26TH JUNE, 2007 P.C. P.C. P.C. 1. Perused the judgment of the Hon’ble Supreme Court in the case of Berger Paints India Ltd. Vs. Berger Paints India Ltd. Vs. Berger Paints India Ltd. Vs. Commissioner Commissioner Commissioner of Income Tax 266 ITR 99 of Income Tax 266 ITR 99 of Income Tax 266 ITR 99, wherein the Hon’ble Supreme Court has affirmed the decision of our Court in the case of Commissioner of Income Tax Vs. Commissioner of Income Tax Vs. Commissioner of Income Tax Vs. Hindustan Hindustan Hindustan Petroleum Corporation Ltd. 187 ITR 1. Petroleum Corporation Ltd. 187 ITR 1. Petroleum Corporation Ltd. 187 ITR 1. 2. In view thereof, the learned Counsel for the Appellant seeks leave to withdraw the above Appeals. The Appeals are allowed to be withdrawn and dismissed as such. Permissible Court Fees be refunded to the Appellant. :2: 3. In view of the withdrawal of the above Appeals, the Notices of Motion stand dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)