1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2365 OF 2009 Multiscreen Media Private Limited ..Appellant. Versus The Commissioner of Income Tax – 11, Mumbai ..Respondent. Mr.Prakash Shah with Mr.Jas Sanghvi i/by PDS Legal for the appellant. Mr.Vimal Gupta for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 13th January, 2010. P.C. : 1. The learned counsel appearing on behalf of the appellant seeks to withdraw the appeal, inasmuch as the tribunal by its order dated 15th June 2009 has recalled the impugned order in respect of Ground Nos. 2 and 3 of the appeal of the revenue in Income Tax Appeal No.6806/Mum/2003. 2. In the circumstances, the appeal is dismissed as withdrawn. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)