9911796707
TMI Blog2008 (2) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent. [Order]. - The appellants had claimed Modvat credit of Rs. 9,97,586/- on capital goods and they had also claimed depreciation of the amount under the Income-tax Act during the years 1999-2000 and 2000-2001. This was in contravention of Rule 57(8) of the Central Excise Rules, 1944, and, therefore, show cause notice proposing recovery of the credit availed during the period Septemb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e demand and penalty on the ground that the appellants could not produce the assessed income-tax returns as directed by the Tribunal; his order was upheld by the Commissioner (Appeals); hence this appeal. 3. I have heard both sides. Although detailed submissions were made on the provisions of Section 143 of the Income-tax Act, to support the contention that the question of assessment of retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Commissioner of Central Excise, Nagpur, Order Nos. A/711 to 722/WZB/2004/C-II, dated 27-8-2004 which has been followed in the case of Milton Polyplast v. Commissioner of Central Excise, Thane-II, Order Nos. A/633-635/WZB/2005/C-III, dated 27-5-2005 [2006 (201) E.L.T. 372 (Tri.)]. Both these decisions have been followed in M/s. Polyset Plastics Ltd. v. Commissioner of Central Excise, Goa, Order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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