2017 (11) TMI 1432

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....bramaniyam, AC (AR) for the Respondent ORDER The allegations raised is the appellant is that they availed CENVAT credit on capital goods and simultaneously availed depreciation under section 32 of the Income Tax, 1961. Show cause notice was issued proposing to recover the irregularly availed credit along with interest and also for imposing penalty. After due process of law, the original authorit....

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....rities below. However, the same has not been considered at all. The ld. Counsel also submitted that the appellants had produced the auditors certificate wherein it is shown that the appellant has filed revised returns. That no queries whatsoever have been raised by the Income Tax authorities and the returns filed for the subsequent periods have also been accepted by the department. That the depar....

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....ns to the authorities below. So also the acknowledgment of the receipt of the revised returns by the Income Tax Department is also produced by the appellant. Certificate from the auditor is also submitted. All these documents would go to show that the appellant has taken steps to rectify the defect. The ld. Counsel has relied upon the judgment in the case of S.L. Lumax Ltd. Vs. Commissioner of Cen....