SAS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1961 0F 2005 NOTICE OF MOTION NO.1961 0F 2005 NOTICE OF MOTION NO.1961 0F 2005 WITH WITH WITH INCOME TAX APPEAL (LOD) NO.868 OF 2005 INCOME TAX APPEAL (LOD) NO.868 OF 2005 INCOME TAX APPEAL (LOD) NO.868 OF 2005 The Commissioner of Income Tax ..Appellant. V/s. Satra Properties Pvt. Ltd. ..Respondent. Mr.Vimal Gupta for appellant. Mr.S.J.Mehta for respondent. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 22ND OCTOBER, 2007. DATED : 22ND OCTOBER, 2007. DATED : 22ND OCTOBER, 2007. P.C. :- P.C. :- P.C. :- On instructions the learned counsel states as the tax incidence is less than Rs.4 lakhs, he seeks leave to withdraw the Notice of Motion and the appeal. The Motion and Appeal dismissed as withdrawn. Issue of law, if any, is left open for consideration in an appropriate case. Refund of Court fee as per rules. Certified copy expedited. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)