TMI Blog2015 (10) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... y the CEGAT, based upon the revised return and assessment thereof. The perusal of the order impugned discloses that the CEGAT has dealt with the said issue in detail. The CEGAT has considered all the factual matrix including that of the assessment orders passed by the income-tax authorities. The CEGAT has also given cogent reasons as to why the approach of the Commissioner, Central Excise in disal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner is questioning the order dated 1st May, 2003, passed by Customs, Excise and Gold (Control) Appellate Tribunal, Bench at Mumbai (hereinafter referred as CEGAT , for brevity), whereby the CEGAT has allowed the appeal preferred by the present respondent, wherein the order dated 18-4-2002 passed by the Commissioner of Central Excise, Aurangabad was questioned. 3. The Commissioner of Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the respondent had not claimed depreciation for Income tax purpose on the Modvat portion of the capital goods for the relevant period. 5. While assailing the above referred order passed by the CEGAT, the learned Asstt. Solicitor General has submitted that as the respondent-assessee has filed revised income-tax return and shown deduction of benefit of depreciation to the extent of mod-vat cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeds to be read down to the effect that the credit as is sought for should not have been granted by the CEGAT, based upon the revised return and assessment thereof. The perusal of the order impugned discloses that the CEGAT has dealt with the said issue in detail. The CEGAT has considered all the factual matrix including that of the assessment orders passed by the income-tax authorities. The CEGAT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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