:1: bgp bgp bgp 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 ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION INCOME INCOME INCOME TAX TAX TAX APPEAL NO.225 OF 2009 APPEAL NO.225 OF 2009 APPEAL NO.225 OF 2009 WITH WITH WITH INCOME INCOME INCOME TAX TAX TAX APPEAL NO.226 OF 2009 APPEAL NO.226 OF 2009 APPEAL NO.226 OF 2009 The Commissioner of Income Tax ..Appellant Vs. Poonam Besan Mills Ltd. ..Respondent Mr.Vimal Gupta for Appellant. None for respondent. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATE DATE DATE : 16TH APRIL,2009 : 16TH APRIL,2009 : 16TH APRIL,2009 P.C. P.C. P.C. . Heard learned Counsel for appellant. . Admit, on the following substantial question of law: Whether on the facts and in the circumstances of the case, the Hon’ble ITAT was right in allowing the assessee’s claim of depreciation at 33.33% on factory building at Shikrapur treating the same as plant contrary to the decision of Supreme Court ? . The learned Counsel for appellant is directed to 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.) (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)