1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1919 OF 2009 WITH INCOME TAX APPEAL (L) NO.4053 OF 2008 The Commissioner of Income Tax -2, Mumbai ..Appellant. Versus Maharashtra Small Scale Ind. Dev. Corpon Limited ..Respondent. Mr.P.S. Sahadevan for the appellant. None for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 26th JUNE, 2009 P.C. : 1. The learned counsel appearing on behalf of the appellant submits that before preferring the above appeal, permission from COD was not obtained. In this view of the matter, the above appeal stands dismissed with liberty to apply for recall of the order, if the appellant receives permission from COD. Hence, the appeal stand disposed of with liberty to the Revenue to apply for restoration, if permission is received from COD. 2. In view of the dismissal of the appeal, Notice of Motion do not survive. Hence the same stand dismissed. (J.P. Devadhar, J.) (V.C. Daga, J.)