2005 (5) TMI 558

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..... rder]. - Both the appeals, one filed by the appellant and other by revenue are being taken up together for disposal in as much as they arise out of the same order of the Commissioner. 2. Originally, benefit of Modvat credit in respect of the capital goods was denied by the Assistant Commissioner on the ground that the appellants has already availed depreciation from Income Tax authorities. D .....

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..... y has not verified as to whether the depreciation claimed earlier was withdrawn subsequently or not by the appellant in their Income Tax returns. 3. In as much as both the sides are disputing the figures of depreciation claimed in the revised returns, I find it a fit case to remand the matter to the original adjudicating authority for fresh decision after taking into consideration the revised re .....

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