TMI Blog2008 (2) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... 8-WZB/C-III/(SMB) - Dated:- 12-2-2008 - Ms. Jyoti Balasundaram, J. REPRESENTED BY : Shri Prakash Shah, Advocate, for the Appellant. Shri P.K. Kathiyar, SDR, for the Respondent. [Order]. The appellants had claimed Modvat credit of Rs. 9,97,586/- on capital goods and they had also claimed depreciation of the amount under the Income-tax Act during the years 1999-2000 and 2000-2001 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d income tax returns before the original authority before he decides their claim to Modvat credit. Vide order dated 27-10-2006 the Joint Commissioner once again confirmed the demand and penalty on the ground that the appellants could not produce the assessed income-tax returns as directed by the Tribunal; his order was upheld by the Commissioner (Appeals); hence this appeal. 3. I have heard both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the erstwhile Rules cannot be invoked for the purpose of credit taken thereunder, in the light of Tribunal s order in Sunrise Structurals Engineering Ltd. Ors. v. Commissioner of Central Excise, Nagpur, Order Nos. A/711 to 722/WZB/2004/C-II, dated 27-8-2004 which has been followed in the case of Milton Polyplast v. Commissioner of Central Excise, Thane-II, Order Nos. A/633-635/WZB/2005/C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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