2018 (11) TMI 723 - AT - Central Excise

CENVAT Credit - capital goods - Pallet Racking System - Held that - In the case of M/s. Ashok Leyland John Deere Construction Equipment Co. Pvt. Ltd. 2018 (2) TMI 458 - CESTAT CHENNAI , the Revenue had denied the credit on the storage 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 essential items for safekeeping of the raw materials or the finished products. Credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Classification of 'Selective Pallet Racking System' as 'capital goods' for CENVAT Credit eligibility.

Analysis:
The appellant, a Government of India Undertaking engaged in refining petroleum crude and marketing petroleum products, availed CENVAT Credit on the 'Selective Pallet Racking System' used for storing raw materials and finished goods. A Show Cause Notice was issued proposing to deny the credit on the grounds of misclassification. The adjudicating authority confirmed the proposal, leading to the appellant's appeal.

During the hearing, the appellant cited precedents like M/s. Gestamp Sungwoo Automotive, M/s. Ashok Leyland John Deere Construction Equipment Co. Pvt. Ltd., and M/s. Sree Ramicides Chemicals Pvt. Ltd., along with the Larger Bench judgment in Banco Products (India) Ltd. The Department Representative argued against the applicability of these precedents, emphasizing the distinction between movable plastic crates and stationary Pallet Racking System.

The Member (Judicial) analyzed the contentions and referred to the Division Bench's decision in M/s. Gestamp Sungwoo Automotive, where it was established that storage racks are essential for safekeeping raw materials and finished goods in the manufacturing process. The decision in M/s. Ashok Leyland John Deere Construction Equipment Co. Pvt. Ltd. also supported the eligibility of credit on storage racks. The Revenue failed to provide contrary decisions or dispute the essential role of the Pallet Storage Racks in safekeeping materials.

Based on the precedents and the essentiality of the racks in the manufacturing process, the impugned order was set aside, and the appeal was allowed with consequential benefits. The judgment was pronounced on 03.10.2018 by Shri P Dinesha, Member (Judicial) of the Appellate Tribunal CESTAT CHENNAI.