1 itxa551-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.551 OF 2011 AND INCOME TAX APPEAL NO.35 OF 2011 AND INCOME TAX APPEAL NO.38 OF 2011 AND INCOME TAX APPEAL NO.43 OF 2011 AND INCOME TAX APPEAL NO.47 OF 2011 The Commissioner of Income Tax, Central 1, Mumbai ..Appellant. Versus M/s.Dimexon Exports P Limited ..Respondent. Mr.Suresh Kumar with Ms.Padma Divakar for the appellant. Mr.Satish R. Mody with Ms.Aasifa Khan for the respondent. CORAM : J.P. Devadhar & A.R. Joshi, JJ. DATE : 8th December 2011 P.C. : 1. Although the Income Tax Appellate Tribunal has restored some of the issues to the file of the assessing officer for fresh consideration, counsel for the parties state that in respect of the issue relating to depreciation on factory building also be restored to the file of the assessing officer for fresh consideration. The order of the Income Tax Appellate Tribunal which is impugned in these appeals are by consent modified to that extent. 2. All the appeals are accordingly disposed off with no order as to costs. (A.R. Joshi, J.) (J.P. Devadhar, J.)