1 ITXA NO.1444/09. lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1444 OF 2009 Dharmasinh M Popat : Appellant. Versus The Assistant Commissioner of Income Tax 11(2) : Respondent. Mr. N Thakkar i/by Mulla & Mulla for the Appellant. Mr. P S Sahadevan for the Respondent. CORAM : J P DEVADHAR AND R M SAVANT, JJ. DATED : 16th NOVEMBER 2010 P.C. Heard the learned counsel for the parties. Perused the Appeal. 2 The learned counsel for both the sides state that the order impugned in this Appeal has been recalled to the extent contained in the order dated 05/02/2010 in Misc. Application No. 633/Mum/09 . 3 In the light of the aforesaid order of the Income Tax Appellate Tribunal, the learned counsel for the Appellant states that this Appeal has become infructuous . Accordingly the present Appeal is dismissed as infructuous with no order as to costs. [R.M.SAVANT, J] [J P DEVADHAR, J]