((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1049 OF 2004 The Commissioner of Income Tax ... Appellant Versus M/s. Crystal Plastics Metalizing Pvt. Ltd. ... Respondent Mr. A.D. Kango 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 09, 2007 DATED: OCTOBER 09, 2007 DATED: OCTOBER 09, 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. Appeal dismissed as withdrawn.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.)