HVN 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 NOTICE OF MOTION NO. 2051 OF 2007 NOTICE OF MOTION NO. 2051 OF 2007 NOTICE OF MOTION NO. 2051 OF 2007 WITH INCOME TAX APPEAL (L) NO. 980 OF 2007 INCOME TAX APPEAL (L) NO. 980 OF 2007 INCOME TAX APPEAL (L) NO. 980 OF 2007 The Commissioner of Income Tax... Appellant Versus M/s. Capable Commercial Ltd. ... Respondent Mr. Vimal Gupta and Mr. P.S. Sahadeavn for Appellant. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S. MOHITE, JJ. R.S. MOHITE, JJ. R.S. MOHITE, JJ. DATED: MARCH 04, 2008 DATED: MARCH 04, 2008 DATED: MARCH 04, 2008 P.C. P.C. P.C. . As the tax incidence is less than Rs. 4 lakhs, the learned counsel seeks leave to withdraw the Appeal and Motion. Hence, Appeal and Motion dismissed as withdrawn. The issue of law, if any, is kept open for consideration in appropriate case. Refund of court fees as per rules. C.C. expedited. (R.S. MOHITE, J.) (R.S. MOHITE, J.) (R.S. MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)