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TMI Blog2018 (5) TMI 1337X X X X Extracts X X X X X X X X Extracts X X X X ..... ation on the said plant and machinery. Denial of CENVAT credit not sustainable - appeal allowed - decided in favor of appellant. - E/21664/2017-SM - Final Oder No. 20466/2018 - Dated:- 21-2-2018 - Mr. S.S Garg, Judicial Member Mr. Madhava Murthy, Consultant- For the Appellant Mr. Pakshirajan, Assistant Commissioner (AR)- For the Respondent Order Per : Mr. S.S Garg The present appeal is directed against the impugned order dated 11.09.2017 passed by the Commissioner (Appeals) whereby the Commissioner (Appeals) has rejected the appeal of the appellant. Briefly the facts of the present case are that the appellants are engaged in the manufacture of Hard Rubber Battery Containers' and covers falling under Chap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal before the Commissioner (Appeals) who has rejected the appeal. 2. Heard both the parties and perused the records. 3. The learned consultant appearing on behalf of the appellant submitted that the impugned order is not sustainable in law as the same has been passed without considering the submissions of the appellant and is also contrary to the decisions rendered by this Tribunal on identical issue, He further submitted that availing of simultaneous benefit of both cenvat credit as well as depreciation under the Income Tax Act 1961 in neither intentional nor with an intent to avail ineligible credit and evade payment of duty. He further submitted on realizing the fact of simultaneously availing both cenvat credit as well as depr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort of his submission relied upon the following decisions: a. CCE, Pune-l Vs. Anant Enterprises - 2014 (310) E.L.T. 561 (Tri.-Mumbai) b. Abhishek Synthetics Pvt. Ltd. Vs. CCE, Hyderabad-III 2005 (182) E.L.T. 339 (Tri. -Bang.) c. Sri Ghanshyam Auto Parts Pvt. Ltd. Vs. CCE, Mumbai 2004 (178) E.L.T. 165 (Tri.-Mum.) 4. On the other hand the learned AR reiterated the findings of the impugned order. 5. After considering the submissions of both the parties and perusal o the material on record, I find that initially the appellants have wrongly availed the cenvat credit as well as depreciation under the Income Tax Act and on being pointed out they have realized their mistake and filed a revise income tax return rectifying ..... X X X X Extracts X X X X X X X X Extracts X X X X
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