TMI Blog2018 (11) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... orage racks holding that they are neither capital goods nor inputs and after considering various decisions, this Bench had allowed the appeals with consequential reliefs - The Revenue has not been able to furnish any contrary decision nor was it able to deny the fact that the racks involved were used for storing raw materials and finished goods in the store room and that Pallet Storage Racks were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore room. A Show Cause Notice No. 02/2016 dated 15.02.2016 was issued by the Revenue wherein it proposed to deny the CENVAT Credit availed on these Pallet Racking System on the ground that the same could not be classified as capital goods within the meaning of Rule 2 of the CENVAT Credit Rules, 2004. The adjudicating authority, however, after considering the explanation of the appellant, vide Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T Chennai; and M/s. Sree Ramicides Chemicals Pvt. Ltd. Vs. C.C.E. (Service Tax), Tiruchirapalli 2013 (10) T.M.I. 229 CESTAT Chennai; apart from the decisions of various other Benches of the Tribunal, including the judgement of Larger Bench of the Tribunal in the case of Banco Products (India) Ltd. Vs. Commissioner of C. Ex. Vadodara-I reported in 2009 (235) E.L.T. 636 (Tri. LB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the eligibility of credit on pallets, storage racks, etc. After considering the rival contentions, this Bench has ruled as under : 6. We have perused the photographs and examined the actual usage of various items credit on which was denied by the original authority. We are satisfied that the pallets and storage racks are essential items for safekeeping and further use of raw materials, compo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed the appeals with consequential reliefs. I also find that in the case of M/s. Sree Ramicides Chemicals Pvt. Ltd. (supra) a similar view was expressed by this Bench. 6. The Revenue has not been able to furnish any contrary decision nor was it able to deny the fact that the racks involved were used for storing raw materials and finished goods in the store room and that Pallet Storage Rac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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