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CENVAT Credit on capital goods

This query is : Resolved 
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(Querist)
11 November 2009 Dear Sir,
whether CENVAT Credit on capital goods should compulsorily taken? Suppose, an assessee capitalise the Input tax portion and claim depreciation on that means, it is a violation?
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Vishnu Saboo

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Vishnu Saboo (Expert)
12 November 2009 department can denie to depriciation, as you were in condition to avail any benefit but u didn't.
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