- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LODG.) NO.1371 OF 2004 AND NOTICE OF MOTION NO.3796 OF 2004 IN INCOME TAX APPEAL (LODG.) NO.1371 OF 2004 The Commissioner of Income-Tax, Mumbai City 16, Mumbai. .. Appellant Vs. M/s.Numex Engineers. .. Respondent -- Shri A.Ashokan for the Appellant. Ms Aasifa Khan for the Respondent. -- CORAM : SRI R.M.S.KHANDEPARKAR & SRI P.B.MAJMUDAR, JJ DATED : 25TH JUNE, 2008 P.C. 1. The learned advcoate for the appellant states that the tax effect is less than Rs.4,00,000/- (Four Lakhs) and therefore, he craves leave to withdraw the appeal and the notice of motion. Accordingly the appeal and the notice of motion stand disposed of as withdrawn. - 2 - 2. Needless to say that the appellant would be entitled for refund of court fee in accordance with the provisions of law. ( R.M.S.KHANDEPARKAR, J ) ( P.B.MAJMUDAR, J )