:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.1223 OF 2008 OF MOTION NO.1223 OF 2008 OF MOTION NO.1223 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL NO.484 OF 2005 TAX APPEAL NO.484 OF 2005 TAX APPEAL NO.484 OF 2005 The Commissioner of Income Tax, ..Appellant Vs. M/s.Ravi Fisheries Pvt.Ltd. ..Respondent Mr.R.Asokan for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 16TH OCTOBER, 2008 : 16TH OCTOBER, 2008 : 16TH OCTOBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant. By the above Notice of Motion, the Appellant is seeking to recall of our earlier order dated 5th March,2008. It is pertinent to note that the order dated 5th March,2008 was passed on the basis of an application made by the learned Counsel for the Appellant seeking leave to withdraw the above Appeal, as the tax effect is less than Rs.4/- lac. Even, the present Affidavit does not disclose as to why it was not pointed out by the learned Counsel for the Appellant on that day that the similar issues were pending with regard to the very same Assessee in another Appeal. The Affidavit does not disclose any reason whatsoever. Under these circumstances, we are not inclined to entertain the above Notice of Motion, the same stands dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: