Itxa/225/2009 Of Thje Commissioner Of Income-Tax-Pune-Ii v. Poonam Besan Mills Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.225 OF 2009WITHINCOME TAX APPEAL NO.226 OF 2009The Commissioner of Income Tax..AppellantVs.Poonam Besan Mills Ltd...RespondentMr.Vimal Gupta for Appellant.None for respondent.CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ.DATE : 16TH APRIL,2009 P.C..Heard learned Counsel for appellant..Admit, on the following substantial questionof law:Whether on the facts and in the circumstancesof the case, the Hon’ble ITAT was right inallowing the assessee’s claim of depreciationat 33.33% on factory building at Shikrapurtreating the same as plant contrary to thedecision of Supreme Court ?.The learned Counsel for appellant is directedto serve the respondent by RPAD indicating therein, that both the matters are kept for final hearing on 6th May, 2009. . S.O. to 6th May, 2009. (J.P.DEVADHAR,J.)