TMI Blog2012 (11) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... ave 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggrieved by such an order, the appellant preferred appeal before the First Appellate Authority. The First Appellate Authority after considering the submission made before him came to the conclusion that the Adjudicating Authority correctly denied the Cenvat credit of the duty paid on storage racks/box is admissible as capital goods or inputs or not. 4. The ld. Counsel appearing on behalf of the appellant would draw my attention that in an identical issue, the judgment in the case of Sonai Engineering Pvt. Ltd. [2010 (253) E.L.T. 806 (Tri.-Mumbai)] has held in favour of the assessee. He would submit that the facts in this case are identical to the facts in the case of Sonai Engineering inasmuch as the storage system which is purchased by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consists of various racks put together for storage of inputs and/or finished goods. The lower authorities have denied the Cenvat credit only on the ground that these goods are not capital goods. I find that the 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. In my view the judgment of the Larger Bench in the case of Banco Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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