TMI Blog2007 (10) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissed as impugned order is based on evidence - E/2504/2007-SMB - 1564/2007-SM(BR) - Dated:- 24-10-2007 - Justice R.K. Abichandani, President [Order per]- The appellant challenges the order of the Commissioner (Appeals) dated 7.6.2007, upholding the order-in-original by which demand of Rs.33,893/- was confirmed and penalty of the like amount imposed. 2. The appellant was engaged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring. The appellant informed the Revenue that the issue was an old one and it was difficult to trace the record, since the dealing assistant had retired. 3. On the basis of the material on record, it was found that the appellant did not inform the department about the fact that the cenvat credit on capital goods was utilized, even though the depreciation was claimed simultaneously under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion under the Income Tax Act. The belated assertion of the appellant that it had not taken Cenvat credit of the amount of Rs.25,270/-, was not supported by any evidence, despite several opportunities being given. Therefore, the Appellate Commissioner has rightly found that there was conscious and deliberate withholding of information by the appellant. 4. The findings reached by the authoriti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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