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TMI Blog2013 (10) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... Such construction can be achieved only by relying on the old understanding of the word inputs ignoring the legal definition given under Rule 2(k) of the Cenvat Credit Rules, 2004, which is not a proper approach - the credit claimed by the appellant was allowed and the orders of the lower authorities set aside - the items will squarely fall within the definition of inputs and it will not be justified to deny credit on these items - They have taken credit on these items by classifying the same as capital goods but that by itself cannot be reason to deny credit when they are eligible for credit by classifying it as inputs – Decided in favour of Assessee. - E/00476/2012 - Final Order No. 40380/2013 - Dated:- 12-9-2013 - Shri Mathew John, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enches of the Tribunal took different views and the matter was referred to a Larger Bench of the Tribunal in the case of Banco Products (India) Ltd. Vs Commissioner of Central Excise, Vadodara [2009 (235) E.L.T.636 (Tri.-LB)]. The Larger Bench of the Tribunal held that these items will squarely fall within the definition of inputs and it will not be justified to deny credit on these items. They have taken credit on these items by classifying the same as capital goods but that by itself cannot be reason to deny credit when they are eligible for credit by classifying it as inputs. Therefore, he submits that this appeal may also be allowed by setting aside the impugned order. 4. Opposing the prayer, the learned Authorized Representative for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority. I also note that the Ld. Commissioner (Appeal) in para 4.6 relied on certain observations of the Hon. Apex Court in CCE Vs. Rajasthan State Chemical Works -1991 (55) ELT 444 SC. But the said judgment itself concluded that handling of raw material is a process integrally connected with manufacture of final products and thus reliance on this case for arriving at the conclusion as arrived at by Commissioner (Appeal) is wrong. I further note that there is nothing in the definition of input, which would exclude an item like racks from the scope of the definition. Such construction can be achieved only by relying on the old understanding of the word inputs ignoring the legal definition given under Rule 2(k) of the Cenvat Credit Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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