2015 (10) TMI 1236

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....r The Respondent : Shri Govind Jha, Authorised Representative Per: H.K. Thakur This appeal has been filed by the appellant against O.I.A No. SRP/93/DMN/VALSAD/2012-13 Dated 23.08.2012 under which first appellate authority has upheld O.I.O No. CEX/26/DEM/Adj/GS-Addi./12-13 Dated 15.05.2012. Under this O.I.O Dated 15.05.2012 Adjudicating Authority disallowed credit of Rs. 11,73,596/- alongwith....

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....tion claimed. He also relied upon the following case laws to argue that once the claim for depreciation made in income tax return is reversed and a certificate to that effect is produced then net result will be that appellant has not claimed depreciation on capital goods and can avail CENVAT credit simultaneously:- (i) Commissioner of Central Excise, Surat-I vs Utsav Silk Mills [2009 (245) E.L.....

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....by Learned Senior Advocate that in the same paragraph, it is subsequently mentioned that revised income tax returns for the financial year 2010-2011 was filed under which depreciation claimed the assessment years 2006-2007 to 2009-2010 was surrendered and that this point has been subsequently certified by Chartered Accountant's Certificate. 5. Heard both sides and perused the case records. The ....