2010 (2) TMI 1033

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..... ds is admissible when order of rectification of mistake was passed by the Income tax Authorities revising depreciation on the impugned capital goods. 2. When adjudication was completed, the assessee-appellant was prevented to file the order of rectification dated 7-12-2006 led by the Income tax Authorities before learned Adjudicating Authority to substantiate its claim of Cenvat credit on the ca .....

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..... tion of mistake has enabled the assessee in the present case to claim credit on capital goods. Such claim was considered by the Appellate Authority elaborately in his order. In absence of any evidence led by Revenue to show that the claim of appellant was deniable by learned Commissioner (Appeals), there was no reason before him to deny the claim of the appellant. 3. None present for the Respond .....

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..... into consideration the Division Bench decision in the case of Abhishek Synthetics Pvt. Ltd. which was rendered on 1-12-04. Similarly the decision of the Single Member Bench in the case of Standard Industries Ltd. was rendered on 14-10-2003 and that has also not taken into consideration the Division Bench decision which came after one year from Bangalore Division Bench. Therefore, Revenue s relianc .....

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