TMI Blog2014 (12) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... ntioned in the insurance policy is also of the same assessee. It was claimed by the appellant assessee before the lower authorities that the second address indicated in the insurance policy is nothing but an open plot purchased and allotted to them by GIDC vide allotment letter dated 12.10.2010. On perusal of the records, I find that the premium paid on the insurance policies were prior to the allotment and in the said allotment letter it is specifically indicated that the appellants were handed over an open and vacant plot by the GIDC for further constructions. Be that as it may, since the open and vacant plot is also of the same assessee, even if the insurance policy covers the said plot, denial of cenvat credit of service tax paid seems ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to my notice that the issue of availment of cenvat credit on the service tax paid by the insurance company is eligible has been decided by the Tribunal in the following cases:- (a) Oudh Sugar Mills Limited - 2012 (282) ELT 541 (Tri. Del.) (b) DSCL Sugar - 2012 (28) STR 559 (Tri. Del.) (c) Monnet Ispat Energy Limited - 2010 (19) STR 417(Tri. Del.) 6. On perusal of the said case laws, I do find that the coordinate bench of the Tribunal has specifically stated that insurance of plant and machinery, company s vehicles, cash in box and in transit at various counters etc. and the services provided in relation to the business activity of an assessee. On merits, I find that appellant has made out a case that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice Tax claimed by the appellant from the insurance companies. It is his submission that service tax credit taken on such amount is incorrect and they are ready to reverse the said amount. Fair offer made by the learned counsel is accepted and the assessee is directed to reverse an amount of ₹ 28,681/- claimed as refund by them from the insurance company, within 30 days on receipt of certified copy of this order. Needless to state that the appellant has also to pay interest on the said amount of ₹ 28,681/-. 9. As regards the balance amount of ₹ 2,31,918/-, as recorded herein before by me, appellant is eligible to avail cenvat credit and the impugned order to that extent is incorrect and is liable to be set-aside and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
