https://www.taxtmi.com/caselaws?id=155557 Cenvat credit on capital goods was taken in two instalments: 50% in the year of purchase and the balance in the following financial year. The duty element was excluded from the depreciable value under the Income-tax Act for the first instalment, while the depreciation position was adjusted when the balance credit was taken. This timing did not amount to simultaneous double benefit or contravene the restriction on claiming Cenvat credit and depreciation on the same duty component. No mistake apparent from the record arose in the earlier final order, rendering the recall application not maintainable. en-us Thu, 22 Apr 2010 00:00:00 +0530 Thu, 05 Sep 2013 14:37:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=155557 Cenvat credit on capital goods was taken in two instalments: 50% in the year of purchase and the balance in the following financial year. The duty element was excluded from the depreciable value under the Income-tax Act for the first instalment, while the depreciation position was adjusted when the balance credit was taken. This timing did not amount to simultaneous double benefit or contravene the restriction on claiming Cenvat credit and depreciation on the same duty component. No mistake apparent from the record arose in the earlier final order, rendering the recall application not maintainable. Case-Laws Central Excise Thu, 22 Apr 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=155557