:1: bgp bgp bgp 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.2476 OF 2007 TAX APPEAL (L) NO.2476 OF 2007 TAX APPEAL (L) NO.2476 OF 2007 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO.4540 OF 2007 OF MOTION NO.4540 OF 2007 OF MOTION NO.4540 OF 2007 The Commisioner of Income Tax ..Appellant Vs. Hirachand Damji Dand ..Respondent Mr.A.D.Kango for the Appellant None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATE DATE DATE : 10TH APRIL, 2008 : 10TH APRIL, 2008 : 10TH APRIL, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the Appellant. As the tax effect is less than Rs.4,00,000/- in the above, the learned Counsel for the Appellant seeks leave to withdraw the above Appeal. The Appeal is allowed to be withdrawn and dismissed as such. Permissible Court Fees be refunded to the Appellant, as per rules. 2. In view of the withdrawal of the Appeal, the above Notice of Motion does not survive. Hence, the same stands dismissed. (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)