Lessee cannot claim CENVAT credit on capital goods on which lessor has availed depreciation U/s. 32 of Income Tax Act, 1961

lessor M/s Gujarat Gas Co. Ltd. has availed depreciation under Section 32 of the Income Tax Act, 1961, therefore, the appellant-lessee cannot claim the CENVAT credit on the same capital goods Lessee cannot claim CENVAT credit on capital goods on which lessor  has availed depreciation U/s. 32 of Income Tax Act, 1961 Briefly stated the facts of the case are that the appellants are engaged in the manufacture of excisable goods, namely paper and paperboard falling Chapter Heading 48 of the Central Excise Tariff Act, 1985. They have availed CENVAT credit of Rs.39,50,149/- on capital goods, procur...