SAS 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 NOTICE OF MOTION NO.1304 OF 2006 NOTICE OF MOTION NO.1304 OF 2006 NOTICE OF MOTION NO.1304 OF 2006 WITH WITH WITH INCOME TAX APPEAL (LOD) NO.355 OF 2006 INCOME TAX APPEAL (LOD) NO.355 OF 2006 INCOME TAX APPEAL (LOD) NO.355 OF 2006 The Commissioner of Income Tax ..Appellant. V/s. M/s.Regal Shoes ..Respondent. Mr.B.M.Chatterji with Mrs.P.P.Bhosale for appellant. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 1ST OCTOBER, 2007. DATED : 1ST OCTOBER, 2007. DATED : 1ST OCTOBER, 2007. P.C. :- P.C. :- P.C. :- As the tax incidence is less than Rs.4 lakhs, learned counsel for the appellant seeks leave to withdraw the Motion and the appeal. Motion and appeal are dismissed as withdrawn. The question of law, if any, is left open for consideration in an appropriate case. Refund of Court fees as per rules. Certified copy expedited. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)