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TMI Blog2008 (7) TMI 254X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of expiry of bonding period should not be taken for calculating the depreciation – since value of the machinery has already been worked out in the SCN, appellants prayer for depreciation is justified - C/229/2004 - 950/2008 - Dated:- 25-7-2008 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman, Member (T) Ms. Rukmani Menon, Advocate, for the Appellant. Shri K. Sambi Reddy, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hineries, as they are no longer in Bangalore. The plea raised by the learned Counsel is that they are liable to the benefit of depreciation on the machinery in terms of the following judgments: (a) Khabros Steel India Ltd. v. CCE, Jaipur - 2006 (194) E.L.T. 117 (Tri.-Del.) (b) CCE, Vadodara v. Solitaire Machine Tools Pvt. Ltd. - 2003 (152) E.L.T. 384 (Tri.-Mumbai) (c) Suvarna Aqua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the present facts of the case however do not call for grant of depreciation as the appellants have abandoned the bonded place and the machinery is not available. 4. We are carefully considered the submission. We notice that the appellants had bonded the machinery. They have left Bangalore for the sake of safety of their lives as is seen from their letter written to the Deputy Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reme Court in taking the date of expiry of bonding period. We order that the appellant is entitled for the benefit of depreciation on the machinery. The date to be taken is expiry of bonding period has held by the Apex Court in the case of Kesoram Rayon, has relied by the leaned Departmental Representative cannot be taken as the Commissioner has already at the duty as per the Show Cause Notice. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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