1 MSS 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 INCOME-TAX APPEAL (l) NO. 302 OF 2007 THE COMMISSIONER OF INCOME-TAX-7 MUMBAI .. APPELLANT Vs. M/s. SHRI SUKHAKARTA FINANCE & LEASING P. LTD. .. RESPONDENT Mr. Avinash D. Kango for the appellant CORAM:SMT.RANJANA DESAI & DR. D.Y. CHANDRACHUD,JJ. DATE: 9/7/2008 P.C. . We have heard learned counsel for the appellant. 2. Learned counsel for the appellant states that the tax effect of this appeal is Rs.1,21,968/-. She states that this appeal is, therefore, covered by Circular F. No. 279/126/98-ITJ, dated 27/3/2000 and hence he has instructions to withdraw it. The appeal is, therefore, allowed to be withdrawn and is disposed of as such. 2 3. Refund of court fees if any as per the rules. 4. We, however, make it clear that law point involved in this appeal is kept open. 5. In view of the withdrawal of appeal, Notice of Motion No. 1751 of 2006 does not survive and is disposed of as such. JUDGE JUDGE