2009 (3) TMI 791

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..... Order]. The benefit of Modvat credit in respect of capital goods stand denied to the appellant on the ground that they have also claimed depreciation from the income tax authorities. It is the appellant s case that they have subsequently filed revised income tax return, withdrawing their claim of depreciation. The benefit in the year 2002-03 stand extended to the appellant on the ground that .....

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..... absence of any evidence to show that the same has been accepted by the authorities. 4. In rejoinder, learned advocate submits that they have approached Income Tax authorities to issue clarification. Otherwise, as per provisions of income tax act, the revised return is to be considered as actual income tax return. 5. In view of the above, I set aside the impugned order and remand the matter to .....

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