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Commissioner of Central Excise, Pune III Versus Kumar Housing Corporation Ltd.

2018 (2) TMI 820 - BOMBAY HIGH COURT

Debonding of units - depreciation of capital goods - matter placed on remand - Held that: - Central Board of Excise and Customs Circulars right from 1994, which, in the opinion of the tribunal, allow depreciation of capital goods at the time of de-bonding. It gave illustration as to how the notifications were applied and in the cases of 100% EOU as well that scheme operates. Finally, the tribunal referred to the two notifications. Beyond all this and which had missed the attention of the adjudic .....

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worked out. - We do not see how such an order, by which the tribunal did not allow the appeal of the assessee but remanded the matter to the adjudicating authority, results in a substantial question and arising for our consideration - Appeal dismissed. - Central Excise Appeal No. 133 of 2016 - Dated:- 22-1-2018 - S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ. Mr. M. Dwivedi with Ms. Shalaka Gujar for the appellant. Mr. M. H. Patil i/b. Ms. Mansi Patil for the respondent. P.C. :- 1. W .....

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a formality. It is, therefore, the Revenue is aggrieved and in any event, the appeal projects a substantial question of law. 4. With the assistance of Mr. Dwivedi and Mr. Patil, we perused the order under appeal. The tribunal had before it an appeal of the assessee. There was a group of appeals and one of them was directed against the order dated 26th August, 2013 of the Commissioner of Central Excise and Service Tax, Pune confirming the demand of duty of ₹ 1,91,06,342/-. The demand compr .....

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warehouse under section 58 of the Customs Act, 1962 by the customs department at Pune. Undisputedly, certain capital goods were procured. The assessee availed of the benefit of the two notifications. They applied for de- bonding of the capital goods procured to the Director of the Software Technology Park, Pune and agreed to pay customs/excise duty on depreciated capital value of the goods. They also intimated to the jurisdictional excise department accordingly. The application for de-bonding wa .....

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