2009 (9) TMI 871

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....isupal, JDR, for the Respondent. ORDER The brief facts of the case are that on 18-7-2005 officers of the Divisional Preventive group visited the factory of the appellants who are manufacturers of iron castings and availing Cenvat credit on capital goods and inputs as per Cenvat Credit Rules, 2001. It was noticed that assessees had simultaneously claimed depreciation under Section 32 of the I....

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.... them in the second year, still confirmed the demand by appropriation on the ground that there was no objection to such appropriation. Both assessees and Revenue filed appeals before the Commissioner (Appeals) who held that during the first year of receipt of capital goods, the assessees had availed Cenvat credit and claimed depreciation on the remaining amount including balance amount of duty in ....