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2013 (2) TMI 132 - CESTAT CHENNAIWaiver of pre-deposit - Circular F.No.334/1/2010-TRU dated 26.2.2010 - Assessee is an insurance Company, provides insurance on motor vehicles - applicants are paying service tax on insurance premium - Denial of CENVAT credit paid on repair service of vehicles done by the authorized service station on behalf of the insurance company under the cashless scheme Revenue argued that the service tax component on account of repair charges/ services is not entitled to them for input service credit as the repair service of the vehicle was availed by the vehicle owners as the invoices are in the name of the vehicle owners Held that:- Such situation as clarified by CBEC, in their Circular F.No.334/1/2010-TRU dated 26.2.2010 wherein it is clarified the insurance company is the service receiver. Therefore, on the basis of the above cited Circular, prima facie, the applicant are entitled to take input service credit on the impugned services - the applicant has made out a case for 100% waiver of predeposit.
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