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2014 (4) TMI 645 - CESTAT MUMBAIDenial of CENVAT Credit - Depreciation on the CENVAT credit of duty paid on capital goods - Held that:- Commissioner (Appeals) has discussed in the impugned order that the appellant has filed returns for the year 2008-09 and 2009-10 but they have not filed the return for the year 2007-08. In fact, the Commissioner (Appeals) does not have any knowledge of the assessment year for the income tax purpose which clearly says that for the period 01.04.2007 to 31.03.2008, the assessment year is 2008-09. As the appellant has filed revised return and did not claim depreciation on those capital goods by producing the IT Return, therefore, they are entitled for CENVAT credit for the capital goods as per the judgement of the Hon'ble High Court of Bombay in the case of Maharashtra Electrosmelt Ltd. (2007 (6) TMI 224 - HIGH COURT OF JUDICATURE OF BOMBAY AT NAGPUR) - Decided in favour of assessee.
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