2019 (2) TMI 2048 - AT - Central Excise

CENVAT Credit - inputs - storage charges paid for import, for purchase of inputs namely polypropylene glycol, etc. - whether the appellant are entitled to cenvat credit on such storage or warehousing charges paid on inputs? - HELD THAT - Rule 2(k) of Cenvat Credit Rules defines input, means goods used in the factory by the manufacturer of the final product. Admittedly, the warehouse or the storage charge paid by the appellant is part of the input cost. Accordingly, such charges are essential and accordingly it is held that the appellant is entitled to avail cenvat credit on storage or warehouse charges incurred in the course of acquisition of inputs. Appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Entitlement to cenvat credit on storage charges paid for import of inputs like polypropylene glycol.

Analysis:

Issue 1: Entitlement to cenvat credit on storage charges for imported inputs
The judgment revolves around the question of whether the appellants are eligible for cenvat credit on storage charges paid for imported inputs, particularly polypropylene glycol. The appellant, engaged in manufacturing PVC resin, purchased goods in transit under specific agreements, necessitating payment of various charges including storage charges for warehousing at the port. The appellant contended that these charges are part of the input cost and hence should be eligible for cenvat credit. The tribunal analyzed Rule 2(k) of Cenvat Credit Rules, which defines input as goods used in the factory by the manufacturer of the final product. The tribunal concluded that the storage or warehouse charges paid by the appellant are indeed part of the input cost and are essential for the manufacturing process. Consequently, the tribunal held that the appellant is entitled to avail cenvat credit on such storage or warehouse charges incurred during the acquisition of inputs. As a result, the appeals were allowed, and the appellants were deemed eligible for consequential benefits as per the law.

This judgment clarifies the scope of cenvat credit eligibility concerning storage charges paid for imported inputs, emphasizing that such charges, when integral to the acquisition of inputs, can be considered part of the input cost and thus qualify for cenvat credit.