1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE INCOME TAX APPEAL NO. 829 OF 2002 The Commissioner of Income-tax, City IX, Bombay. Appellant vs. M/s.Lans Metals Pvt. Ltd. Respondent Ms.S.V. Bharucha i/b. Mr.K.B. Rao for the appellant. CORAM : R. M. LODHA & J.P. DEVADHAR,JJ. DATED : 15th September 2004 P.C. In view of the decision of the Supreme Court in the case of Commissioner of Income-tax v. Indo Nippon Chemicals Co.Ltd., 261 ITR 275, the learned counsel for the revenue submits that she has instructions to withdraw the appeal. 2. The appeal is allowed to be withdrawn. 3. Refund of court fee as per law. (R.M. (R.M. (R.M. LODHA, J.) LODHA, J.) LODHA, J.) (J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.)