AGK AGK AGK 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON INCOME TAX APPEAL NO.836 OF 2004 The Commissioner of Income Tax (TDS), Mumbai .. Appellant. Versus M/s.R. Kishore Kumar & Co. .. Respondent. Mr.B.M. Chatterjee with Mrs.P.P. Bhosale for the appellant. Ms.Beena Pillai i/by D.M. Harish & Co. for the respondent. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 3RD SEPTEMBER, 2007. P.C. : 1. As the tax incidence is less than Rs.4,00,000/- and in the light of Board’s circular, learned counsel for the appellant seeks leave to withdraw the appeal. Question of law, if any, left open for consideration in other appropriate case. 2. Appeal dismissed as withdrawn. Refund of Court fee as per rules. Certified copy expedited. (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)