1 itxa-3359-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3359 OF 2010 The Commissioner of Income Tax-5, Mumbai ..Appellant. V/s. M/s. Deepak C. Mehta ..Respondent. Ms. Anamika Malhotra for the appellant. Mr. J.D. Mistri, senior Advocate with A.K. Jasani for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 27TH JULY, 2011 P.C. :- 1. Counsel for the revenue seeks to withdraw the appeal with a view to move the ITAT seeking modification of the order passed by the ITAT. The appeal is allowed to be withdrawn with no order as to costs. 2. It will be open to the revenue to move the ITAT seeking modification of the order, if permissible in law. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)