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2011 (10) TMI 56 - AT - Central ExciseCenvat Credit - simultaneous depreciation was claimed, appellant filed revised income tax returns and intimated the department on 19.3.2007. However, show cause notice was issued on 24.1.2008 - appellant had only produced a certificate from Chartered Accountant - appellant had filed revised return which resulted in reduced depreciation - in two years the revised depreciation claim is actually more than which was claimed earlier and therefore the matter is required to be reconsidered - once the revised return is filed, the demand for cenvat credit cannot be sustained - figures of depreciation claimed or to be claimed required proper explanation and they shall produce revised income tax return and detailed explanation about the depreciation claimed so that original adjudicating authority is satisfied that no depreciation has been claimed in respect of the duty element on capital goods on which the credit has been taken - impugned order is set-aside, matter is remanded to original adjudicating authority
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