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    <title>2021 (9) TMI 1250 - CESTAT MUMBAI</title>
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    <description>Credit on capital goods was treated as inadmissible where depreciation had been claimed on the duty component under the Income-tax Act, and the assessee could not displace that statutory bar by relying on accounting treatment. A citation error in the show cause notice did not invalidate the proceedings because the substantive power could still be traced to a valid and cognate provision. The challenge based on natural justice also failed, as the re-adjudicating authority had considered the statement, financial records and chartered accountant&#039;s certificate and had granted personal hearing. Once inadmissible credit was established, interest and penalty were upheld as consequential liabilities for wrongful availment and misdeclaration.</description>
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      <title>2021 (9) TMI 1250 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=412905</link>
      <description>Credit on capital goods was treated as inadmissible where depreciation had been claimed on the duty component under the Income-tax Act, and the assessee could not displace that statutory bar by relying on accounting treatment. A citation error in the show cause notice did not invalidate the proceedings because the substantive power could still be traced to a valid and cognate provision. The challenge based on natural justice also failed, as the re-adjudicating authority had considered the statement, financial records and chartered accountant&#039;s certificate and had granted personal hearing. Once inadmissible credit was established, interest and penalty were upheld as consequential liabilities for wrongful availment and misdeclaration.</description>
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