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 ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. INCOME INCOME INCOME TAX APPEAL (L) No.737 of 2004. TAX APPEAL (L) No.737 of 2004. TAX APPEAL (L) No.737 of 2004. WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION No. 1676 of 2004 OF MOTION No. 1676 of 2004 OF MOTION No. 1676 of 2004 The Commissioner of Income-tax City-XVII, Mumbai. ..Appellant. Vs. M/s Diamond Tiles. ..Respondent. Mr R.G.Bhat for the Appellant. None for the respondent. CORAM:DR.S. CORAM:DR.S. CORAM:DR.S. RADHAKRISHNAN RADHAKRISHNAN RADHAKRISHNAN AND AND AND V.C. DAGA,JJ. V.C. DAGA,JJ. V.C. DAGA,JJ. DATED:19th DATED:19th DATED:19th June, 2007. June, 2007. June, 2007. P.C.:- P.C.:- P.C.:- 1. Heard learned counsel for the appellant. None for the respondent. 2. The learned counsel for the appellant seeks leave to withdraw the above appeal. The appeal is allowed to be withdrawn and dismissed as such. 3. Proper court fee be refunded in the above appeal as per rules. 4. In view of withdrawal of the Appeal, the notice of motion does not survive and notice of motion stands disposed of accordingly. (V.C. (V.C. (V.C. DAGA,J.) DAGA,J.) DAGA,J.) (DR.S. (DR.S. (DR.S. RADHAKRISHNAN,J.) RADHAKRISHNAN,J.) RADHAKRISHNAN,J.)