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 NO. 538 OF 2004. TAX APPEAL NO. 538 OF 2004. TAX APPEAL NO. 538 OF 2004. The Commissioner of Income-tax, Mumbai. ... Appellant. V/s. M/s.Bhagwandas Vishwanath, Mumbai. ... Respondent. A.S.Rao for the appellant. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 17th July 2006. : 17th July 2006. : 17th July 2006. P.C. P.C. P.C. : : : ---- ---- ---- . On the motion made by learned counsel for the appellant, appellant-Revenue is allowed to withdraw this appeal. Appeal is, accordingly, dismissed as withdrawn with no order as to costs. . Needless to mention that the appellant- Revenue is entitled to refund of court fee as per law. (J.P.DEVADHAR, (J.P.DEVADHAR, (J.P.DEVADHAR, J.) J.) J.) (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.)