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 INCOME TAX APPEAL No. 570 OF 2003. INCOME TAX APPEAL No. 570 OF 2003. INCOME TAX APPEAL No. 570 OF 2003. The Commissioner of Income-tax, Mumbai City-VII ..Appellant. V/s. The Ruby Mills Ltd.Ruby House ..Respondent. Mr Suresh Kumar, Advocate for the Appellant. Mr Miraj Sheth i/b Rajesh Shah & Co. for the Respondent. CORAM: Dr.S. RADHAKRISHNAN CORAM: Dr.S. RADHAKRISHNAN CORAM: Dr.S. RADHAKRISHNAN AND V.C.DAGA, JJ. AND V.C.DAGA, JJ. AND V.C.DAGA, JJ. DATED: 08th OCTOBER, 2008. DATED: 08th OCTOBER, 2008. DATED: 08th OCTOBER, 2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard the learned counsel for the Appellant and the learned counsel for the Respondent. 2. The learned counsel for the Appellant contends that as the tax effect is less than Rs.4,00,000/-, he seeks leave to withdraw the above appeal. The appeal is allowed to be withdrawn and dismissed as such. 3. Permissible court fee be refunded to the Appellant as per rules. (V.C. DAGA,J) (V.C. DAGA,J) (V.C. DAGA,J) (DR S. RADHAKRISHNAN,J) (DR S. RADHAKRISHNAN,J) (DR S. RADHAKRISHNAN,J)