TMI Blog2008 (12) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... 2-12-2008 - Shri P. Karthikeyan, J. REPRESENTED BY : Shri M.K.A.K. Mohiddin, JDR, for the Appellant. Shri M. Saravanan, Consultant, for the Respondent. [Order]. This is a Revenue appeal. In the impugned order, the Commissioner (Appeals) vacated a demand raised on the respondents by the original authority for the Cenvat credit availed on capital goods irregularly. During the ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,14,962/- under Rule 57U and imposing equal amount of penalty under Rule 57U read with Rule 173Q of Central Excise Rules. In the impugned order, the Commissioner found that the respondents had detected the mistake they had committed bona fidely and rectified the same voluntarily. There was no intention on the part of the respondents to evade duty. Therefore, the demand raised invoking larger peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rawing the depreciation claim did not detract them from their earlier mens rea. 3. I have carefully considered the facts of the case and the rival submissions. In the instant case, there is no dispute that the respondents had voluntarily withdrawn the claim for depreciation made in their IT returns for the financial year 1995-96 in the revised return filed in May 98. Obviously, the respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts of instant case. The appeal is dismissed. 4. The cross-objection filed by the respondents claims that the Commissioner should have allowed their appeal also on merits. As the respondents had withdrawn the inadmissible claim for depreciation in the IT return, though not immediately, by such action they absolved themselves of the charge that they had availed the benefit of capital goods cred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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