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2017 (2) TMI 567 - AT - Central ExciseCenvat credit - Capitalization of Input services - restriction on availing depreciation - Rule 4(4) of CCR - Held that: - it is clear that restriction in availing credit if the depreciation availed, is only in respect of capital goods and not on services. Admittedly the Cenvat credit involved in the present case is of service tax paid on the services even though it is related to erection and installation of capital goods. Since there is no explicit provisions to restrict the Cenvat credit on input services if the assessee claims depreciation, the cenvat credit cannot be denied, therefore the impugned order is set aside - Appeal allowed.
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