TMI Blog2017 (3) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... ks of accounts the same was reversed in the income tax return. If this is so, the appellant has not claimed depreciation - However, both lower authorities have not considered properly the document submitted by the appellant to justify that the depreciation was not claimed on the amount of cenvat credit availed by them - appeal allowed by way of remand. - E/124 & 150/06 - A/85721-85722/17/SMB - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in their income tax return they have reversed the depreciation of amount of ₹ 51,58,653/- which includes the cenvat credit amount of ₹ 28,05,109/-. Accordingly they have not claimed double benefit. In this regard, she submits a chartered accountant certificate dated 27.11.04. She also takes me through a letter dated 03.02.2005 submitted before the adjudicating authority wherein a char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax return. If this is so, the appellant has not claimed depreciation. However, both lower authorities have not considered properly the document submitted by the appellant to justify that the depreciation was not claimed on the amount of cenvat credit availed by them. Therefore matter needs to be reconsidered by the adjudicating authority. Therefore, the matter is remanded to the adjudicating aut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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