1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.222 OF 2003 The Commissioner of Income-tax, Mumbai City II, Mumbai .. Appellant. V/s. M/s.Yazad Extrusions P. Ltd. .. Respondent. Mr.R. Asokan i/b. K.B. Rao for the appellant. CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 4TH OCTOBER, 2004. DATED : 4TH OCTOBER, 2004. DATED : 4TH OCTOBER, 2004. P.C. : Mr.R. Asokan, the learned counsel for the appellant submits that he has instructions to withdraw this appeal in the light of the judgment of the Supreme Court in the case of Commissioner of Income Tax V/s. Indo Nippon Chemicals Co. Limited [261 ITR 275]. 2. We allow the appeal to be withdrawn as prayed. 3. Refund of court fee as per law. (R.M. LODHA, J.) (R.M. LODHA, J.) (R.M. LODHA, J.) 2 (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)