2018 (5) TMI 813

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r the Respondent Per Ms. Archana Wadhwa : The appellants were denied the benefit of Cenvat Credit of duty paid on the capital goods on the ground that they have simultaneously availed depreciation in respect of the same, in terms of provisions of section 32 of the Income Tax Act. The original demand was to the tune of Rs. 18 lakhs. While adjudicating, a report of the appellants Range officer....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat the above observation of the Commissioner (Appeals) requires the appellant to prove the said fact and places a negative onus upon them. The Revenue has also not produced any evidence to show that the appellants have claimed depreciation in the Income Tax Act. However, I find that the dispute would get solved if the Income Tax return for the relevant period be produced which would clearly estab....