TMI Blog2014 (1) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant on Air Fares/Air Tickets and Taxi/Car Hiring, Insurance Charges, Maintenance and Repair Charges was in respect of the expenses incurred by them for the logistical purposes of the appellants’ work is for business purposes. This specific plea has been taken by the appellant before both the lower authorities but they have not addressed to this plea in proper perspective. As regards the Service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER This stay petition is filed for waiver of pre-deposit of the following amounts:- (1) Rs. 2,09,396/- confirmed as ineligible Cenvat credit; (2) Interest thereon under Rule 14 of the Cenvat Credit Rules, 2004; and (3) Penalty of Rs. 30,000/- under Rule 15 of the Cenvat Credit Rules, 2004. 2. Heard both sides and perused the records. 3. The issue involved in this cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd more specifically submits that M/s. ABB Ltd. reported in 2009 (15) S.T.R. 23 (Tribunal-LB) has been stayed by Hon ble High Court of Karnataka in its order dated 10-12-2009. 7. On careful consideration of the submissions made by both the sides, I find that Cenvat credit of Service Tax paid on the services availed by the appellant on Air Fares/Air Tickets and Taxi/Car Hiring, Insurance Charges, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s involved. I find that the two Member Bench of the Tribunal in the case of Stanzen Toyotetsu India Pvt. Ltd. reported in 2009 (14) S.T.R. 316 (Tribunal-Bang.) has held that insurance charges paid on the services are in relation to the business of the assessee and Cenvat credit of Service Tax paid on the services cannot be disallowed. In view of foregoing, the application for waiver of pre-deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
