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2020 (2) TMI 1195 - AT - Central ExciseCENVAT Credit - input services - various insurance policies - Money Insurance, Public Liability Insurance, Product Liability Insurance, Loss of Profit for Unit and Fidelity Guarantee Policy - Group Personal Accident policy - HELD THAT:- The Money Insurance, Public Liability Insurance, Product Liability Insurance, Loss of Profit for Unit and Fidelity Guarantee Policy are availed in or in relation to the manufacturing activity as has been discussed by the various decisions relied by the ld. counsel for the appellant - reliance can be placed in the case of JSW STEEL (SALAV) LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIGAD [2017 (2) TMI 318 - CESTAT MUMBAI] and M/S. WHEELS INDIA LTD. VERSUS COMMISSIONER OF GST & CENTRAL TAX, CHENNAI NORTH COMMISSIONERATE [2019 (7) TMI 150 - CESTAT CHENNAI] - the disallowance of credit in respect of these insurance policies is unjustified and requires to be set aside - credit allowed. Group Personal Accident policy - penalty - HELD THAT:- The appellant has to establish that the personal accident policy is intended only for the employee and that separate premium is not collected for each dependent. Even though the matter was adjourned to this date, directing the appellant to produce copy of the policy or any other evidence to establish that separate premium has not been collected for each dependent, the appellant has failed to do so - Since the appellant has not furnished sufficient evidence, the rejection of credit in respect of Group Personal Accident policy is legal and proper - credit disallowed - taking note of the fact that the issue is interpretational one, the penalty imposed is unwarranted and requires to be set aside. Appeal allowed in part.
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