1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.714 OF 2002 Trade Wings Limited .. Appellant. V/s. Commissioner of Income-tax City III .. Respondent. Mr.P. Pardiwala with R.K. Dave i/b. A. Bhogani & Co. for the appellant. Mr.R.V. Desai, Senior counsel with R. Asokan i/b. P. Kapur for the respondent. CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 16TH SEPTEMBER, 2004. DATED : 16TH SEPTEMBER, 2004. DATED : 16TH SEPTEMBER, 2004. P.C. : Heard. 2. The learned counsel for the appellant - assessee at the out set submitted that the substantial questions of law which have been proposed in the memorandum of appeal do not survive for consideration by us. He, however, invited our attention to the chamber summons No.1353 of 2004 wherein additional substantial question of law has been proposed. After arguing the matter for some time, the learned counsel submitted that he may be permitted to withdraw this appeal with liberty to the appellant - assessee to apply to the Income Tax 2 Appellate Tribunal for rectification of the mistake with regard to para 8.1 of the order. 4. We allow the appeal to be withdrawn with liberty as prayed. (R.M. LODHA, J.) (R.M. LODHA, J.) (R.M. LODHA, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)