2011 (8) TMI 668 - AT - Central Excise

Claim of Cenvat credit after subsequent reversal of Depereciation - Held That - documentary proof of reversal of depreciation was not produced before the authorities below. Case remanded back for fresh decision in the light of the materials to be produced by the assessee .

Summary

The Appellate Tribunal CESTAT, Delhi allowed the appeal by remanding the case back to the adjudicating authority. The Revenue challenged the extension of Cenvat credit to the assessee by the Commissioner (Appeals) due to lack of sufficient documentary evidence of reversal of depreciation claimed under the Income Tax Act. The case was remitted for a fresh decision based on materials to be produced by the assessee.