CENVAT Credit on capital goods

This query is : Resolved 

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?

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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