1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON NOTICE OF MOTION NO.3393 OF 2004 WITH INCOME TAX APPEAL (L) NO.1390 OF 2004 The Commissioner of Income Tax .. Applicant. Versus M/s.N.R. Nazir & Sons .. Respondent. Mr.A.S. Rao for the applicant. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 30TH JULY, 2007. P.C. : 1. Learned counsel seeks leave to withdraw the notice of motion and appeal in view of the judgment of the Supreme Court reported in 273 I.T.R. 1 (S.C.). 2. The notice of motion as also the appeal is dismissed as withdrawn. 3. Refund of Court fee as per rules. 4. Certified copy expedited. (F.I. REBELLO, J.) (J.P. DEVADHAR, J.)