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2018 (5) TMI 1337 - AT - Central ExciseCENVAT credit - capital goods - it was noticed that the appellant had availed simultaneously cenvat credit on capital goods and had also claimed depreciation on gross block value inclusive of excise duty under Section 32 of the Income Tax Act 1961 - Held that: - initially the appellants have wrongly availed the cenvat credit as well as depreciation under the Income Tax Act and on being pointed out they have realized their mistake and filed a revise income tax return rectifying the defect. Appellant has also produced the original as well as revised return rectifying the defect pertaining to claiming depreciation on the said plant and machinery. Denial of CENVAT credit not sustainable - appeal allowed - decided in favor of appellant.
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