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 ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1788 OF 2007 IN INCOME TAX APPEAL LODG. NO.900 OF 2007 The Commissioner of Income Tax-3. ..Appellant. Vs. M/s. Niharika Synthetics Trading Pvt. Ltd. ..Respondent. Mr.P.S.Sahadevan for the Appellant. Mr.J.D.Mistry with Raj Darak for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 16TH FEBRUARY,2008. PC : 1. As the tax incidence is less than Rs.4.00 lakhs the learned counsel seeks leave to withdraw the Motion along with the Appeal. Motion along with Appeal dismissed as withdrawn.Refund of court fees as per rules. Certified copy expedited. 2. The question of law, if any, is kept open for consideration in appropriate case. (R.S. MOHITE, J.) (F.I. REBELLO, J.)