2019 (5) TMI 1245 - AT - Central Excise

CENVAT Credit - inputs - heavy duty racks used in their factory where they are manufacturing wiring harness and battery cable/terminal - HELD THAT - It stands held in various decisions that racks are required to be used for handling of raw materials as also their final product which is a process integrally connected with the manufacture of final product and there is nothing in the definition of input which would exclude the same. Even in terms of the said Exclusion (E) the goods which have no relationship with the manufacture of a final product have to be excluded from the definition of Input . As such the criteria for exclusion is relationship with the manufacture of final product . Various decisions have held that the use of racks for storage of raw materials and finished goods is a process integrally connected with the manufacture of the final products. As such the use of racks has to be held as related with the manufacture of the final product thus not making Exclusion Clause (E) is applicable. Extended period of limitation - HELD THAT - The demand stands initiated against the appellant by invoking the longer period of limitation - In the light of the law declared by the Tribunal in various decisions holding that racks as cenvatable the bonafide belief entertained by the assessee that such racks are cenvatable cannot be brushed aside. Otherwise also the appellant was availing the credit by reflecting the same in their cenvat credit account in which case no malafide can be attributed to them so as to invoke the extended period - demand barred by limitation. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Entitlement to avail cenvat credit on duty paid on heavy duty racks used in manufacturing factory.
- Interpretation of definition of "Input Services" post-amendment.
- Nexus of storage racks with manufacturing of final products.
- Exclusion clause (E) and its application to goods not related to final product manufacturing.
- Validity of demand raised against appellant.
- Application of longer period of limitation for demand initiation.
- Bonafide belief of appellant in availing cenvat credit on racks.
- Decision on the appeal and consequential benefit to the appellant.

Analysis:

1. The main issue in this case is whether the appellant is entitled to avail cenvat credit on duty paid for heavy duty racks used in their factory for storage and handling of raw materials, work in process, and finished goods. The Revenue contends that after the amendment of the definition of "Input Services," the racks are not covered under the definition, leading to a demand of duty against the appellant.

2. The Tribunal considered various decisions and established that the use of racks for storage of raw materials and finished goods is integral to the manufacturing process of the final products. The Tribunal cited previous judgments to support this position, emphasizing the connection between the racks and the manufacture of final products.

3. The Commissioner (Appeals) did not follow the Tribunal's decisions, citing the change in the definition of "Input" post-amendment in 2011. However, the Tribunal noted that the Commissioner did not provide any specific exclusion of racks from the changed definition of "Input."

4. The Revenue argued that the racks should be excluded from the definition of "Input" under Exclusion Clause (E) as they have no relationship with the final product manufacturing. The Tribunal rejected this argument, stating that the key criterion for exclusion is the relationship with the manufacture of the final product, which the racks fulfill by being integral to the manufacturing process.

5. The Tribunal found no merit in the Revenue's stand and held that the demand initiated against the appellant, invoking the longer period of limitation, was not valid. The Tribunal considered the appellant's bonafide belief in availing cenvat credit on racks, especially since the appellant reflected the credit in their cenvat credit account without any malafide intent.

6. Consequently, the Tribunal set aside the impugned order and allowed the appeal in favor of the appellant, providing consequential benefits. The decision was based on the Tribunal's interpretation of the law and precedents, affirming the appellant's entitlement to cenvat credit on the heavy duty racks used in their manufacturing process.