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2018 (2) TMI 820

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 .....

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ion 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. We have heard both sides. 2. The Revenue is in appeal against the order passed by the Central Excise .....

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xcise and Service Tax, Pune confirming the demand of duty of ₹ 1,91,06,342/-. The demand comprises of central excise duty in the sum of ₹ 1,13,37,692/- and customs duty of ₹ 77,68,650/-. 5. The two notifications, benefit of which was sought, are dated 31st March, 2003 and 13th August, 1993. 6. Needless to clarify that the factual position, as narrated, is that the assessee is a r .....

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ay all duties on capital goods and obtain no-objection certificate for grant of de-bonding. The assessee worked out a duty liability on depreciated value amounting to ₹ 56,58,163/- and paid the same and sought a no-dues certificate. However, a show cause notice was issued proposing to recover the entire excise duty forgone and in the above sum. That was adjudicated and the order under challe .....

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on of the adjudicating authority, the tribunal did not render any definite or final opinion. It is in these circumstances that the tribunal directed a remand on the second occasion. That is because the Revenue argued, according to the tribunal's opinion and prima facie contrary to its own circulars and notifications issued from time to time. 8. That is why the assessee was also mandated to fol .....

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