2019 (8) TMI 1099

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....avindran 1. This appeal is directed against Order-in-Appeal No. GUN-EXCUS- 000-APP-146-17-18, dated 26.12.2017. 2. None appeared on behalf of the appellant assessee despite notice. 3. On perusal of records, I find that the matter is in a narrow compass, therefore the appeal is taken up for disposal even in the absence of any representation from the appellant assessee. 4. On perusal of ....

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....AT Credit utilised by the appellant, seeking for interest and proposing for penalty. Appellant contested the show cause notice. The adjudicating authority, after following the principles of law, dropped the demands raised for the reversal of CENVAT Credit as also for the interest by recording that the appellant has revised the income tax returns and wrote back the depreciation claim on the amount ....

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..... On careful consideration of the submissions made by Learned Departmental Representative and perusal of records, I find that there is no dispute as to the fact that the appellant had availed the CENVAT Credit on the duty paid on capital goods and also claimed depreciation from the income tax authorities, however, he filed revised income tax returns with the authorities, writing back the depreciat....