:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2801 OF 2005 WITH INCOME TAX APPEAL LODGING NO.1088 OF 2005 The Commissioner of Income Tax. ..Appellant. Vs. M/s. Riyaz Trading Ltd. ..Respondent. Mr.P.S.Sahadevan for the Appellant. Mr.J.D.Mistry with Raj Darak for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 6TH FEBRUARY,2008. PC : 1. As the tax incidence is less than Rs.4.00 lakhs, the learned counsel seeks leave to withdraw the Motion along with the Appeal. Motion along with the Appeal dismissed as withdrawn. Refund of court fees as per rules. Certified copy expedited. 2. The question of law, if any, is kept open for consideration in appropriate case. (R.S. MOHITE, J.) (F.I. REBELLO, J.)