2017 (4) TMI 22

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..... Respondent-Revenue ORDER Heard both sides. 2.  These appeals are filed against the Order-in-Appeal No. VAP- EXCUS-000-APP - 322 & 323 - 13 -14 dated 1.10.2013 passed by the Commissioner (Appeals), Central Excise, Customs, Vapi. 3.   Briefly stated the facts of the case are that during the period 2007-08 to 2009-10 the appellant had availed the benefit of depreciation under Secti .....

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..... sed Return for the relevant assessment  year, thereafter, since no notice was issued was issued for the said assessment year or in subsequent assessment years under Section 156 of the Income Tax Act, 1961, tax effect on the depreciation claimed has to be  construed as reversed. Therefore, the Revised Return  for the  Assessment Year 2010-11 has been accepted  resulting int .....

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..... could not be scrutinized. To ascertain the  fact whether the appellant had surrendered the benefit of depreciation  under Income Tax Act,1961 on the same capital goods on which CENVAT credit availed, during the relevant period, the matter is remitted to the adjudicating authority to verify and scrutinize all the evidences on record and that would be produced by the Appellant during the .....

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