IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL (LODG.) NO.1238 OF 2008 The Commissioner of Income Tax-3 Mumbai ..Appellant. Vs. M/s. Indian Rayon & Industries Ltd. ..Respondent. ..... Mr. Vimal Gupta for the Appellant. Mr. Neeraj Sheth i/b Dave & Girish & Co. for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 25th March, 2010. P.C. : The registry is directed to register the appeal and the office objections are waived. Upon the appeal being restored, by consent it has been taken on Board for admission and was called out for hearing. Counsel appearing on behalf of the Revenue has stated that in view of the order which has been passed by this Court in ITA(L) No.1239 of 2008, the present appeal is rendered infructuous. The appeal is dismissed as such. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)