bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2383 OF 2009 The Commissioner of Income Tax ..Appellant Vs. M/s.Allied Aviation ..Respondent Mr.N.A.Kazi for appellant. Mr.Niraj Seth i/b. Mint & Conferers for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 24TH NOVEMBER,2009 P.C. Heard. During the course of hearing, Learned Counsel for the respondent brought to our notice that the incorrect statements are made in the appeal memo. On investigation, it is clear that the appeal is barred by limitation. Having realized the consequences of making false statements in the memo of appeal on oath, Learned Counsel for the appellant seeks leave to withdraw the appeal. The appeal is, therefore, allowed to be withdrawn and dismissed as with. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)