srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1711 OF 2009 WITH INCOME TAX APPEAL (L) NO. 316 OF 2008 The Commissioner of Income Tax ..Appellant Vs. M/s .Mehratex India P. Ltd. ..Respondent Mr. J.S.Saluja for the Appellant. Mr. S. Shetty for the Respondent. CORAM :- V.C.DAGA & J.P. DEVADHAR ,JJ. DATE : 15th June,2009 P.C. Heard learned counsel for the rival parties. By consent of parties delay in filing the appeal is 109 days. For the reasons stated in the affidavit, delay is condoned. Notice of Motion stands disposed of. Learned counsel for the respondent fairly submits that the substantial question of law herein raised was confirmed by the Supreme Court. Learned counsel appearing for the appellant seeks permission to withdraw the appeal. On the motion made by learned counsel for appellant, appeal is allowed to be withdrawn. Thus dismissed as withdrawn. Needless to mention that appellant is not entitled for refund of court fees. (J.P. DEVADHAR, J.) (V.C.DAGA,J.)