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TMI Blog2017 (3) TMI 1497X X X X Extracts X X X X X X X X Extracts X X X X ..... hri A Mishra, Authorised Representative ORDER This appeal is filed against OIA-PJ-278-VDR-I-2013-14 dt 14.8.2013 passed by the Commissioner (Appeals), Central Excise, Customs and Service Tax -VADODARA-I. 2. Briefly stated the facts of the case are that the appellant during the period 2004 to 2006 had availed Cenvat Credit on the Capital goods as well as benefit of deprec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame capital goods on which CENVAT Credit also claimed. The Ld Advocate placed the Chartered Accountant's certificate stating that the total income was revised after reducing the claim of depreciation on plant an machinery purchased during the years 2003-04, 2004-05 and 2005-06. The Ld Advocate also submitted that the relevant evidences Audit Report in Form No. 2B statement filed with the Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard both sides and perused the records. I have carefully considered the submissions advanced by the Ld Advocate for the appellant. I find that during the financial years 2003-04, 2004-05 and 2005-06 the appellant had availed cenvat credit on the capital goods and also simultaneously availed benefit of depreciation under Sec. 32 of the Income Tax Act 1961. It is also not in dispute t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y claimed depreciation under Income Tax Act as well as benefit of Cenvat Credit on the capital goods for the respective years, but later surrendered the benefit of Income Tax in the year 2006-07. Hence, it cannot be said that they have availed both the benefits. In the result, the impugned order is set aside and appeal is allowed with consequential relief, if any, as per law. (Dictated and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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