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2012 (11) TMI 1038 - AT - Central ExciseDenial of Cenvat credit on storage system - storage system is used by appellant for storing various inputs/materials which are used by him for manufacturing final products - Whether storage system can be considered capital goods - Held that:- definition of input in Rule 2(k) of the Cenvat Credit Rules would specifically indicate that all goods which are used for manufacturing of products, whether directly or indirectly and whether contained in the final product or not, if they are within the factory of production, Cenvat credit of the duty paid is eligible. In my view the lower authorities have accepted that the said storage system is used by appellant in their factory and used for storing raw materials. Appellant has made out a case, inasmuch as Cenvat credit was availed by appellant in the year 2007-08 as per provisions of Cenvat Credit Rules, 2004. In my view the appellant had every reason to entertain a bona fide belief that they are eligible for availment of Cenvat credit, as these storage systems are used within the factory premises. Show-cause notice was issued in the year 2009. In my view the show-cause notice is blatantly time barred as there is no dispute that appellant had filed prescribed returns to the authorities. There cannot be any suppression or wilful misstatement of facts - Decided in favour of assessee.
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