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2017 (3) TMI 1497 - AT - Central ExciseCENVAT credit - denial on the ground that appellant during the period 2004 to 2006 had availed Cenvat Credit on the Capital goods as well as benefit of depreciation u/s 32 of the Income Tax Act, 1961 - Held that: - the appellant has though initially claimed depreciation under Income Tax Act as well as benefit of Cenvat Credit on the capital goods for the respective years, but later surrendered the benefit of Income Tax in the year 2006-07. Hence, it cannot be said that they have availed both the benefits - credit allowed - appeal allowed - decided in favor of appellant.
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