2007 (6) TMI 224

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..... led this appeal under Section 35G(1) of the Central Excise Act, 1944 against the order of the CEST Appellate Tribunal dated 20-7-2005 in Appeal No. E/1637/03 stating that the following question of law arises out of the order of the Tribunal :- "Whether the CESTAT is right in allowing of Modvat credit when simultaneous availment of Modvat credit on capital goods and depreciation in income-tax was .....

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..... ble. There is no merit in this contention, because the word "claimed" in the rule must be understood to mean "availed". In other words, it is only when the assessee has actually availed depreciation on the capital goods, the assessee is not entitled to the Modvat credit. 4. In this view of the matter, the decision of the Tribunal to remand the matter to verify as to whether the assessee has actua .....

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