TaxTMI 
TaxTMI 
2011 (10) TMI 56
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....ng the course of audit of the records of the assessee, it was found that appellant had claimed depreciation in respect of duty element on the capital goods on which cenvat credit was taken. On the ground that this is contrary to the provisions of Cenvat Credit Rules, which required that the assessee should not claim depreciation on the duty element of the capital goods, show cause notice was issue....
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....Credit (Appeal) Rules, 2001, she need not have considered the returns but are considered the copies and observed that the figures of depreciation claimed and to be claimed as per the revised return did not tally and she was not able to come to a clear conclusion. In view of the above, learned counsel submits that the fact remains that the appellant had filed revised return which resulted in reduce....
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.... in the case of Prasad Machinery Pvt. Limited. - 2007 (218) ELT 445 (Tri. Ahmd.) and in the case of Ennar Spinning Mills - 2009 (246) ELT 263 (Tri. Chennai), a view was taken that if a revised return was filed, the question of double benefit to the assessee in the form of depreciation and cenvat credit would not be available. Therefore, once the revised return is filed, the demand for cenvat credi....