9911796707
TMI Blog2002 (4) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... mber (J)]. This stay application and the appeal are taken up together for disposal as the issue lies in a short compass. 2. In the impugned order, the Commissioner (Appeals) has noted that during the financial year, 1995-1996, the appellants; had received Ring Spinning frame and one Pneumafil Unit and availed Modvat credit on duty of an amount of Rs. 1,38,189/- under RG 23C part II. They h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed an order of remand for de novo consideration in view of fresh orders obtained by the appellants from the Assistant Commissioner of the Income-tax, He refers to the Final Order No. 1928/2001, dt. 9-11-2001 [2002 (149) E.L.T. 796 (T)] and the Final Order Nos. 187-188/2002, dt. 31-1-2002 [2002 (150) E.L.T. 297 (T)]. He seeks for remand of the matter so that they are in a position to satisfy the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acted below : 4. After hearing both the sides, we are of the considered opinion that the matter requires fresh appreciation of facts in the light of the judgment rendered by the co-ordinate Bench in the case of Terna Shetkari Sahakari Sakhar Karakhana Ltd. v. CCE (supra) in which it has been held that if the revised Returns are filed excluding that part of value and accepted by the Income-tax D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 94. We, therefore, direct the original authority to reconsider the depreciation as contended by the ld. Counsels after affording an opportunity to the appellants to produce all the documents in support of their case. The appeals are allowed by way of remand ordered accordingly. Following the ratio of these above quoted orders, the impugned order is set aside and the matter is remanded to the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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