1 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 ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 940 OF 2005 WITH INCOME TAX APPEAL (LODG) NO. 430 OF 2005 The Commissioner of Income Tax .... Appellant Vs. M/s The Raisaheb Rekhach & .... Respondent Mohatta Spinning & Weaving Mills Ltd. Mrs. P.P. Bhosale with Mr. B.M. Chatterji for the Appellant. Mr. A.K. Jasani for Respondent. WITH NOTICE OF MOTION NO. 1143 OF 2005 WITH INCOME TAX APPEAL (LODG) NO. 495 OF 2005 The Commissioner of Income Tax. .... Appellant Vs. M/s Seema Silk Sarees .... Respondent Mrs. P.P. Bhosale & Mr. B.M. Chatterji for Appellant WITH NOTICE OF MOTION NO. 1528 OF 2005 WITH INCOME TAX APPEAL (LODG) NO. 634 OF 2005 The Commissioner of Income Tax .... Appellant Vs. David Dhawan .... Respondent Mrs. P.P. Bhosale & Mr. B.M. Chatterji for the 2 Appellant. CORAM : F.I. REBELLO, CORAM : F.I. REBELLO, CORAM : F.I. REBELLO, & J.P. DEVADHAR, JJ J.P. DEVADHAR, JJ J.P. DEVADHAR, JJ. DATE : 14TH AUGUST, 2007 DATE : 14TH AUGUST, 2007 DATE : 14TH AUGUST, 2007 P.C. . As the tax incidence is less than Rs. 4 lakhs, the learned counsel seeks leave to withdraw the appeals. Motions along with Appeals stand dismissed as withdrawn. The questions of law, if any, are kept open for consideration in an appropriate proceedings. Refund of court fees as per rules. Certified copy expedited. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) ( F.I. REBELLO, J.) ( F.I. REBELLO, J.) ( F.I. REBELLO, J.)