((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3438 OF 2006 IN INCOME TAX APPEAL (L) NO. 1922 OF 2006 The Commissioner of Income Tax ... Appellant Versus Deepak Fertilizers and Petrochemicals Corpn.Ltd. ... Respondent Mr. P.S. Sahadevan for the Appellant. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED: OCTOBER 31, 2007 DATED: OCTOBER 31, 2007 DATED: OCTOBER 31, 2007 P.C. P.C. P.C. . As the tax incidence is less than Rs. 4 lakhs, the learned counsel seeks leave to withdraw the Appeal and Motion. Hence, Appeal and Motion dismissed as withdrawn. The issue of law, if any, is kept open for consideration in appropriate case. Refund of court fees as per rules. C.C. expedited. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)