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        Central Excise

        2019 (2) TMI 2048 - AT - Central Excise

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        Appellant entitled to cenvat credit on storage charges for imported inputs The tribunal held that the appellant is entitled to avail cenvat credit on storage charges paid for imported inputs like polypropylene glycol as these ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Appellant entitled to cenvat credit on storage charges for imported inputs

                            The tribunal held that the appellant is entitled to avail cenvat credit on storage charges paid for imported inputs like polypropylene glycol as these charges are considered part of the input cost essential for the manufacturing process. The appeals were allowed, granting the appellants eligibility for consequential benefits as per the law. This decision clarifies that storage charges for imported inputs can be eligible for cenvat credit if integral to the acquisition of inputs.




                            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.
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                            ActsIncome Tax
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