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CENVAT CREDIT AND REFUND THEREOF CAN'T BE DENIED MERELY ON GROUND OF NON-REGISTRATION

19 April, 2016

The honorable Karnataka High Court in, Commissioner of Service Tax v. Kyocera Wireless (India) (P.) Ltd., held that, registration is not a pre-condition to claim credit; hence, Cenvat credit and refund thereof cannot be denied on ground of non-registration.
CREDIT ON CAPITAL GOODS CAN'T BE DENIED IF DEPRECIATION UNDER INCOME-TAX ACT IS REVERSED BY FILING REVISED RETURN

19 April, 2016

The honorable Madras High Court in, S.L. Lumax Ltd. v. Commissioner of Central Excise, Chennai-IV Commissionerate, held that, where assessee has wrongly claimed both Cenvat Credit as well as income-tax depreciation on same duty amount, but, has filed revised returns under income-tax deleting depreciation claim, benefit of Cenvat Credit cannot be denied.

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