Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2012 (8) TMI 684

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

.....  This appellant is engaged in the manufacture of wood working machines. The dispute has arisen as to whether the appellant is eligible for credit on service tax paid by them on 'Group Health Insurance' policy taken for employees and their families and 'Transit Insurance' taken by them in respect of domestic purchase, sales, etc. 2. Since the issue involved is in narrow compass, with c .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . I have considered the submissions made by both the sides. Since the decision in Stanzen Toyotetsu India Pvt. Ltd. case (supra) was rendered by the Division Bench, I am bound by that decision and accordingly, the appellants are to be held as eligible for credit of service tax paid on 'Group Health Insurance' policy. 6. As regards the second issue relating to 'Transit Insurance', the le .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o  domestic sales and exports only. This means, the appellant is liable to pay premium only on the domestic sales at 0.145% but cover of insurance would be available in respect of imports and duty, on domestic purchase and movement of goods for job work also. On this basis, the learned Chartered Accountant submitted that in the case of exports, there is instruction of the Board that when sale .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the appellant and should have verified some documents such as invoices, purchase orders, etc. and after a discussion, he should have come to the conclusion on what is place of removal. This has not been done. The learned Chartered Accountant submitted that they will provide necessary evidence regarding domestic sales and also work out the amount of premium paid by them and the service tax applica .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates