IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.608 OF 2001 Plaza Investments Pvt.Ltd. ..Appellant vs. The Asstt.Commissioner of Income Tax ..Respondent Mr.J.D.Mistri with Mr.P.C.Tripathi i/b Mr.Raj Darak for appellant. Mr.P.S.Sahadevan for respondent. CORAM: Dr.S.RADHAKRISHNAN CORAM: Dr.S.RADHAKRISHNAN CORAM: Dr.S.RADHAKRISHNAN & S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. 21st 21st 21st July 2008 July 2008 July 2008 P.C. P.C. P.C. 1. Heard the learned Counsel appearing for the appellant and respondents. It appears that after the above appeal was admitted, the appellant had also moved the Tribunal by way of Misc. Application wherein the Tribunal had allowed rectification petition. In view thereof, the present appeal has become infructuous. Hence, learned Counsel for the appellant seeks leave to withdraw the appeal. Appeal is allowed to be withdrawn and dismissed as such. Permissible Court fees be refunded to the appellant as per rules. (S.J (S.J (S.J.KATHAWALLA J.) ‘11(Dr.S.RADHAKRISHNAN J.) KATHAWALLA J.) ‘11(Dr.S.RADHAKRISHNAN J.) KATHAWALLA J.) ‘11(Dr.S.RADHAKRISHNAN J.)