IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.755 OF 2008 INCOME TAX APPEAL NO.755 OF 2008 INCOME TAX APPEAL NO.755 OF 2008 Idea Cellular Ltd. .. Appellant Vs. The Assistant Director of Income Tax .. Respondent Mr.A.K.Jasani for the Appellant. None for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. DATE : 13th August, 2008 DATE : 13th August, 2008 DATE : 13th August, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. The learned Counsel for the Appellant states that the order impugned in this Appeal has already been recalled by the Tribunal by its order passed in M.A.774/Mum/2007 dated 27.02.2008. In view thereof, the learned Counsel for the Appellant seeks leave to withdraw this Appeal as it has now become infructuous. Hence, Appeal is allowed to be withdrawn and stands dismissed as such. Permissible Court fees be refunded to the Appellant as per the Rules. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)