No Cenvat Credit on Capital Goods for which full Depreciation is claimed under Income Tax

Surya Alumex Vs Commissioner of Central Goods and Service Tax (CESTAT Delhi) Rule 4(4) of CENVAT Credit Rules, 2004 do not permit CENVAT Credit in respect of part of value of capital which represents duty of amount on such capital goods or which the manufacturer or producer of output service claims as depreciation under section 32 of the Income Tax Act. Once the full depreciation was claimed, the respondent could not claim availment of cenvat credit on capital goods. Corrective measures taken by the appellant but in subsequent financial year definitely does not make good irregular availment of...