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2017 (3) TMI 552 - CESTAT AHMEDABADCENVAT credit - reversal on the ground that dual benefit of CENVAT Credit as well as benefit under income tax cannot be claimed simultaneously - whether the Appellants are required to reverse CENVAT Credit availed on the inputs, the value of which is shown as Revenue expenditure in the balance sheet? - Held that: - To be eligible to CENVAT Credit on inputs, nowhere in the CCR, 2004 it is stipulated that benefit of credit as well as benefit under Income Tax Act,1961 cannot be availed; and the credit be recoverable from the assessee on the ground of availing such dual benefit - The availment of dual benefit of CENVAT Credit as well as income tax benefit on the inputs could be a critera for determination of income tax liability, however, the CENVAT Credit in absence of any stipulation under CCR 2004, cannot be denied to the Appellant - the demand has been issued beyond five years from the relevant date as prescribed u/s 11A of CEA,1944, therefore, the demand is also time barred - appeal allowed - decided in favor of appellant.
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