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TMI Blog2015 (10) TMI 1236X X X X Extracts X X X X X X X X Extracts X X X X ..... observed from the relied upon case laws that this issue has been settled by series of case laws including order passed by this bench in the case of Commissioner of Central Excise, Surat-I vs Utsav Silk Mills [2009 (1) TMI 654 - CESTAT, AHMEDABAD]. - In view of the above settled proposition of the law the present appeal filed by the appellant is covered by the relied upon case law and is accordingl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961. An equal amount of penalty was also imposed by the Adjudicating Authority upon the appellant under Rule 15 (2) of the Cenvat Credit Rules, 2004. 2. Shri Devan Parikh, Senior Advocate appearing on behalf of the appellant argued that depreciation claimed by the appellant was subsequently, corrected in the revised Income Tax Returns filed for the assessment years 2006-2007 to 2009-2010 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nery Pvt. Ltd. vs Commissioner Of Central Excise (A), Ahmedabad [2007 (218) E.L.T. 445 (Tri. - Ahmd.)] (iv) Multichem vs Commissioner of Central Excise, Vadodara [2012 (282) E.L.T. 110 (Tri. - Ahmd.)] 3. Shri Govind Jha, (AR) appearing on behalf of the Revenue argued that it is clear that appellant has only filed revised income tax returns for the period 2006-2007 to 2008-2009 as mentioned i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax Act, 1961 initially was subsequently reversed by filing revised income tax returns. It is observed from the relied upon case laws that this issue has been settled by series of case laws including order passed by this bench in the case of Commissioner of Central Excise, Surat-I vs Utsav Silk Mills [2009 (245) E.L.T. 246 (Tri. - Ahmd.)] (Supra). Para 3 of this case law is reproduced below:- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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