TMI Blog2017 (3) TMI 1497X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant has though initially 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 - credit allowed - appeal allowed - decided in favor of appellant. - E/13569/2013 - A/11964/2016 - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld Commissioner (Appeals) rejected their appeal. Hence, the present appeal. 3. The Ld. Advocate Shri S. Dixit for the appellant submits that even though in the respective years they have availed balance 50% of the credit of the capital goods and also depreciation on the same goods under the Income Tax Act 1961 but they have filed Revised Income Tax return for the assessment year 2006-07. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Ld. Commissioner (Appeals) the same had not been considered. It is his contention that the observation of the Ld Commissioner (Appeals) upholding the adjudication Order is incorrect as all the evidences referred to in their appeal before the Ld. Commissioner (Appeals) had been produced and now enclosed with the present Appeal Paper Book (Pages 155-181). 4. Ld AR for the Revenue reitera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the assessment year 2006-07. No contrary evidence is placed by the Revenue. In these circumstances, I do not find justification of the finding in the impugned order that all the documents/evidences in surrendering the depreciation benefit availed earlier, had not been filed with the Dept. On the contrary, from the evidences enclosed (Pages 155 to 181) with the appeal paper book, it is evident t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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