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    <title>2011 (1) TMI 544 - CESTAT, NEW DELHI</title>
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    <description>Cenvat credit on capital goods was inadmissible where depreciation under the Income-tax Act had also been claimed for the same period, because eligibility had to be tested with reference to the position during the relevant financial years; later revised income-tax returns did not cure the original breach. The demand was also not time-barred, as limitation under Section 11A of the Central Excise Act, 1944 runs from the statutory relevant date and not from the date of departmental audit or detection. On both merits and limitation, recovery, interest and penalty were sustained.</description>
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      <description>Cenvat credit on capital goods was inadmissible where depreciation under the Income-tax Act had also been claimed for the same period, because eligibility had to be tested with reference to the position during the relevant financial years; later revised income-tax returns did not cure the original breach. The demand was also not time-barred, as limitation under Section 11A of the Central Excise Act, 1944 runs from the statutory relevant date and not from the date of departmental audit or detection. On both merits and limitation, recovery, interest and penalty were sustained.</description>
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