-1_ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.285 OF 2003 WITH INCOME TAX APPEAL NO. 288 OF 2003 WITH INCOME TAX APPEAL NO. 289 OF 2003 M/s. B.D. Estate Trust Mumbai : Appellant v/s The Deputy Commissioner of Income Tax, Special Range 40 : Respondent Mr. Atul K. Jasani for Appellant None for respondent Coram : Dr. S. Radhakrishnan S.J. Kathawalla, JJ. Date : 1.9.2008 P.C. . Heard the learned counsel for the appellant and the learned counsel for the respondent. Learned counsel for the appellant states that subsequent to filing of the above appeal now the assessee has instructed that he is not keen to proceed with the above appeal. In view thereof the learned counsel for the appellant seeks leave to withdraw the above appeal. Appeal is withdrawn and dismissed as such. Permissible court fees be refunded as per rules. (S.J. Kathawalla,J.) (Dr. S.Radhakrishnan,J.)