https://www.taxtmi.com/caselaws?id=206792 Cenvat credit on the duty element of capital goods cannot be denied merely because depreciation was initially claimed if revised income-tax returns withdraw that depreciation claim and the withdrawal is accepted by the income-tax authorities. The double-benefit objection then ceases to operate, and credit is allowable on merits. However, the factual position as to whether depreciation was in fact claimed on the duty element, and whether the revised claim was accepted, must be verified by the original adjudicating authority, so the matter was remanded for that limited examination. en-us Tue, 04 Oct 2011 00:00:00 +0530 Mon, 08 Oct 2012 13:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=206792 Cenvat credit on the duty element of capital goods cannot be denied merely because depreciation was initially claimed if revised income-tax returns withdraw that depreciation claim and the withdrawal is accepted by the income-tax authorities. The double-benefit objection then ceases to operate, and credit is allowable on merits. However, the factual position as to whether depreciation was in fact claimed on the duty element, and whether the revised claim was accepted, must be verified by the original adjudicating authority, so the matter was remanded for that limited examination. Case-Laws Central Excise Tue, 04 Oct 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=206792