https://www.taxtmi.com/caselaws?id=125017 Extended limitation for a Cenvat credit demand was found unavailable where the assessee had withdrawn an erroneous depreciation claim through revised income-tax returns and the record did not show intent to obtain a dual benefit. On those facts, the show cause notice could not validly rely on the longer limitation period, so the demand was time-barred. The revised returns also removed the basis for alleging simultaneous depreciation and excise credit on the same value, and the demand and penalty were held unsustainable on merits. Relief was therefore confirmed in favour of the assessee on both limitation and substantive grounds. en-us Tue, 02 Dec 2008 00:00:00 +0530 Sat, 05 Aug 2017 12:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=125017 Extended limitation for a Cenvat credit demand was found unavailable where the assessee had withdrawn an erroneous depreciation claim through revised income-tax returns and the record did not show intent to obtain a dual benefit. On those facts, the show cause notice could not validly rely on the longer limitation period, so the demand was time-barred. The revised returns also removed the basis for alleging simultaneous depreciation and excise credit on the same value, and the demand and penalty were held unsustainable on merits. Relief was therefore confirmed in favour of the assessee on both limitation and substantive grounds. Case-Laws Central Excise Tue, 02 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=125017