CENVAT credit on MS racks falling under CHS 73

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....ENVAT credit on MS racks falling under CHS 73<br> Query (Issue) Started By: - Yatin Bhopi Dated:- 31-12-2014 Last Reply Date:- 3-1-2015 Central Excise<br>Got 2 Replies<br>Central Excise<br>We are manufacturer. we have recently modified our storage warehouse. We have purchase some rack falling under chapter heading 73 for keeping pallets . MS racks are not fitted in capital goods definition. Since ....

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....this racks are use for keeping goods in safe and proper movement of goods, can we avail the CENVAT credit in input. Since amount involved is more than 1 Lac we want your expert advice in the matter. Reply By CA.Ankit Gulgulia: The Reply: Racks, shelves, angles and channels generally fall under chapter 73 and 94. These are not capital Goods as per Rule 2(a). Significance of racks in the manufac....

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....turing process / service renderance is key in the present matter. You may refer Banco Products (India) Ltd. Vs Commissioner of Central Excise, Vadodara [2009 (2) TMI 101 - CESTAT AHMEDABAD] HCL TECHNOLOGIES LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NOIDA 2010 (254) E.L.T. 175 (Tri. - Del.) = 2010 (2) TMI 1001 - CESTAT NEW DELHI M/s. Sree Ramicides Chemicals Pvt. Ltd. Versus Commissioner of ....

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....Central Excise (Service Tax), Tiruchirapalli = 2013 (10) TMI 229 - CESTAT CHENNAI interalia. Reply By Naveed S: The Reply: Cenvat credit on racks may be admissible as inputs, if such racks are actually required for purpose without which the safety and movement of goods is not possible.<br> Discussion Forum - Knowledge Sharing ....