TMI Blog2017 (3) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... rder The fact of the case is that the appellant has availed credit on capital goods on 01.08.2001. The credit was denied by the adjudicating authority on the ground that the appellants have claimed the depreciation on the capital goods as well as cenvat credit, accordingly they availed double benefit. Being aggrieved by the Order-in-Original, the appellant have appealed before the Commissioner (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t claimed the depreciation in the income tax return submitted to the income tax department. 3. Shri Ashutosh Nath, ld Asstt. Commissioner (AR) on behalf of the revenue reiterates the finding of the impugned order inasmuch as the confirmation of demand was upheld. He further submits that the appellant has availed the depreciation, therefore in terms of Rule 57R(5) they are not entitled for the cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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