2007 (6) TMI 224

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..... the erstwhile Central Excise Rules, 1944 merely on the ground that the depreciation was subsequently not claimed in the revised return? - 23 of 2006 - - - Dated:- 20-6-2007 - J.P. Devadhar and B.P. Dharmadhikari, JJ. [Order]. - The Commissioner of Central Excise has filed this appeal under Section 35G(1) of the Central Excise Act, 1944 against the order of the CEST Appellate Tribunal da .....

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..... ein depreciation had not been claimed. Therefore, the Tribunal set aside the order-in-original and remanded the matter for fresh consideration. 3. It is the contention of the revenue that once the assessee had claimed depreciation on capital goods, then Modvat credit is not allowable. There is no merit in this contention, because the word "claimed" in the rule must be understood to mean "availed .....

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