mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.501 OF 2007 Anand Builders, Mumbai Appellant versus The Assistant Commissioner of Income Tax, Circle 13(1), Mumbai and others Respondents Mr.J.D.Mistry i/by K.Gopal for appellant. Mrs.Ayyer i/by Vimal Gupta for respondents. CORAM : BILAL NAZKI AND A.A.KUMBHAKONI, JJ. DATE : 10th September 2008 PC : 1. The learned counsel for the appellant submits that after passing of the impugned order, a Miscellaneous Application was filed before the Tribunal and the Tribunal recalled the impugned order. As such, he wants to withdraw the appeal. 2. The appeal is allowed to be withdrawn unconditionally. However, the court fees in accordance with rules to which the appellant may be entitled to, be refunded. (BILAL NAZKI, J.) (A.A.KUMBHAKONI, J.)