1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1320 OF 2009 The Commissioner of Income Tax III, Pune ..Appellant. Versus M/s.Sunshine Pavings Private Limited ..Respondent. Mr.Vimal Gupta for the appellant. None for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 12TH AUGUST 2009 P.C. : 1. Heard learned counsel for the revenue. The matter has been remanded by the tribunal for consideration afresh, with an opportunity to the assessee, for considering the question of depreciation. So far as interest and other miscellaneous items are concerned, the tribunal has recorded finding of fact based on appreciation of evidence, with which no fault can be found. 2. In this view of the matter, we do not find any substantial question of law arising out of the order of the tribunal. The appeal is, therefore, dismissed with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)