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2011 (9) TMI 469 - AT - Central ExciseCenvat Credit - Claim of Depreciation and Credit Simultaneously - Assessee revise the income tax Return and claim of Modified Depreciation and balance claimed as revenue expenditure - In view of SSK Ltd. vs. CCE, Aurangabad, (2003 (5) TMI 147 - CEGAT, MUMBAI), CENVAT credit is not deniable in case depreciation of an amount equivalent to duty paid on the goods was initially claimed in the income tax return but later on the return was revised and the benefits so availed was nullified. In view of these judgments the claim of the assessee cannot be disregarded - Case remanded back.
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