1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1031 OF 2009 The Commissioner of Income Tax – 5, Mumbai ..Appellant. Versus M/s.Orgo Chem Guj Private Limited ..Respondent. Mr.P.S. Sahadevan for the appellant. Mr.B.V. Jhaveri for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 29TH JULY, 2009 P.C. : 1. According to the learned counsel for the revenue, though in the appeal it is mentioned that the tax effect is more, the tax effect involved in this case is less than Rs.4 lakhs. Based on recalculation of the tax effect, learned counsel for the revenue seeks liberty to withdraw the appeal in view of the office Memorandum dated 5-6-2007 issued by the C.B.D.T. and judgments of this Court in CIT V/s. Camco Colour Co. (2002) 254 I.T.R. 565 and CIT V/s. Pithwa Engg. Works (2005) 276 ITR 519. The appeal is dismissed as withdrawn. 2. Refund of Court fees as per Rules (J.P. Devadhar, J.) (V.C. Daga, J.)