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TMI Blog2012 (6) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... on the central excise duty portion of the capital goods and at the same time availed depreciation also contrary to provisions of Cenvat Credit Rules during the period from 2001-2002 to 2006-2007, proceedings were initiated against the appellant. As soon as the appellant was informed that the procedure followed by them was wrong, the appellant reversed an amount of Rs.2,93,287/- being the cenvat c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invoked and proceedings should not have been initiated since the amount has been paid as soon as the same was pointed out. Therefore, he submits that unconditional stay may be granted. 3. Ld. A.R. however would say that since the Cenvat Credit Rules were introduced, the assessees could not have been taken cenvat credit as well as depreciation to the extent of duty paid on the capital good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f all the facts. However, I am not convinced with the correctness of the submission. The assessing officer or the adjudicating authority/appellate authority is duty bound to quantify the demand in terms of Section 11A(2) of Central Excise Act, 1944 which has not been done in this case. Therefore, the matter is required to be remanded to the original adjudicating authority who has to re-quantify th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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