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2013 (2) TMI 468 - CESTAT BANGALOREWaiver of demand - Stay petition - CENVAT credit on capital goods - Rule 4 (4) of Cenvat Credit Rule 2004 - Depreciation claim on amount of CENVAT credit on capital goods - Appellant claims to have had made amends in their books of accounts and consequently there was no more claim of depreciation under the Income Tax Act. - Held that:- there is no valid documentary evidence of the appellant having relinquished their claim of depreciation. no copy of any revised Income Tax assessment order is available on record. Therefore, the assessee has no prima facie case on merits. Waiver of pre-deposit rejected and Stay petition allowed subject to deposit of duty.
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