(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2987 of 2005 WITH INCOME TAX APPEAL LODGING NO.1231 OF 2005 The Commissioner of Income-tax Mumbai ..Appellant Vs. M/s.Puri Construction(Bom.) ...Respondent Mr. A.S.Rao, for the Appellant. Ms. Usha Dalal, for the Respondent CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATED: 4TH SEPTEMEBR, 2007 DATED: 4TH SEPTEMEBR, 2007 DATED: 4TH SEPTEMEBR, 2007 P.C.: P.C.: P.C.: . As the tax incidence is less than Rs.4.00 lakhs learned Counsel seeks leave to withdraw the Appeal along with Motion. Appeal along with Motion dismissed as withdrawn. Refund of Court Fees as per Rules. Certified copy expedited. (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)