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 NOTICE NOTICE NOTICE OF MOTION NO.791 OF 2005 OF MOTION NO.791 OF 2005 OF MOTION NO.791 OF 2005 WITH INCOME INCOME INCOME TAX APPEAL (LODG.) NO.385 OF 2005 TAX APPEAL (LODG.) NO.385 OF 2005 TAX APPEAL (LODG.) NO.385 OF 2005 The Commissioner of Income- ... ... Appellant Tax, Mumbai Vs. The Dharamsi Morarji Chemical ... ... Respondent Co. Ltd., Mumbai Mrs. P.P. Bhosale / Mr. B.M. Chatterji & Mr. P.S. Sahadevan for Appellant. Ms. Vasanti B. Patel for Respondent. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & R.S. R.S. R.S. MOHITE, JJ. MOHITE, JJ. MOHITE, JJ. DATE DATE DATE : 19TH MARCH, 2008 : 19TH MARCH, 2008 : 19TH MARCH, 2008 P.C. P.C. P.C. : : :- . As the tax incidence is less than Rs.4 Lacs, 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 Hence, Appeal and Motion dismissed as withdrawn.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.)