IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.948 OF 2009 The Commissioner of Income Tax ..Appellant Vs. Mariwala Family ..Respondent Mr. A.S. Shivsharan for the Appellant Mr. Pardiwala i/b Ashok Boghani & Co. for the Respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 29TH JUNE, 2009 P.C. On the motion made by learned Counsel for appellant, appeal is allowed to be withdrawn with liberty to adopt appropriate proceeding before appropriate forum. All contentions on merits are kept open. Permissible Court Fees be refunded to the appellant, as per rules. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)