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2019 (1) TMI 426 - AT - Central ExciseCENVAT Credit - capital goods - simultaneous availemnt of credit and Depreciation - violation of Rule 4(4) of the CENVAT Credit Rules (CCR), 2004 - Credit of Education Cess on CVD and Secondary and Higher Education Cess on CVD - Rule 3(1) of CCR, 2004 - Held that:- The documents placed on record namely, the Demand Notice under Section 156 of the Income Tax Act after taking cognizance of the revised return for the assessment year 2013-14, would satisfy the legal requirements of law - Further, the fact that the revised return was acted upon by the Income Tax Department and a consequent demand was raised under Section 156 ibid even though for the subsequent period, evidences the fact that the wrong claim made by the assessee during the previous year was wiped out thereby entitling the assessee to the benefit of availing CENVAT Credit of duty on the capital goods - credit allowed. Credit of Education Cess and Secondary and Higher Education Cess on CVDCredit of Education Cess and Secondary and Higher Education Cess on CVD - contravention of Rule 3(1) of CCR - Held that:- Rule 3(1)(vii) specifically allows the manufacturer or producer of final products to avail Credit including Education Cess on excisable goods and the Secondary and Higher Education Cess on excisable goods and the claim of the assessee, therefore, appears to be correct - The denial, if at all, of the CENVAT Credit, could only be in accordance with the provisions of law for any violation or contravention, etc. The authorities having not pointed out any such thing, the denial is held to be incorrect and unsustainable for which reason, the same is set aside - credit allowed. Appeal allowed - decided in favor of appellant.
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