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TMI Blog2015 (5) TMI 740X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Finance Act, 1994. The period of dispute is from November, 2008 to March, 2012. 2. The facts of the case are that applicant is an insurance company and providing insurance policies like motor insurance, fire insurance, marine insurance and all other insurances. It is not in dispute that whatever service has been provided , they are paying service tax thereon. As per Insurance Regulatory and Development Authority (IRDA) Rules, in case of insurance other than motor vehicle insurance, except for the motor 3rd party insurance (for motor vehicle insurance), the applicant is getting reinsured from the other insurance companies abroad as well as in India. For service of reinsurance received from the Indian Insurance Co. they are paying the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... members. The pool is administered by General Insurance Corporation under the guidelines of the General Insurance Council and Insurance Regulatory and Development Authority. Therefore, it was concluded that the applicant has entered into an agreement with General Insurance Corporation (pool administrator and the other members of the pool), i.e. general insurer or re-insurer. Therefore, the invoices issued by the other insurance companies do not appear to be proper document as per Rule 9 of the Cenvat Credit Rule, 2004 to avail Cenvat credit as the invoices issued by the other insurance companies against which the applicant has availed input service credit have not provided the insurance services to the applicant. Therefore, it was alleged t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the applicant is not entitled to take input service credit as the said service has been availed by the applicant after providing output service to its clients. Therefore, the services received by the applicant have no nexus with the service provided by the applicant as Rule 2(l) of the CCR, 2004. For availment of Cenvat credit on third party motor vehicle insurance, he submits that there is a pool and applicant himself is a member of pool and therefore whatever services, they have provided, that service is provided by the members of pool to each other. The services received by the applicant is the service provided by the applicant as member of pool to each other. For denial of Cenvat credit on third party motor vehicle insurance, he submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is a services received providing output service and qualify as input service as per rule 2(l) of the CCR, 2004. Therefore, the applicant is entitled to avail Cenvat credit on the reinsurance service received by them as per Rule 2(l) of the CCR, 2004. 8. For third party motor vehicle insurance, it is not disputed that applicant has paid the service tax. As per Rule 9, whatever the service tax has been paid by the applicant, he is entitled to take the Cenvat credit. The question whether the applicant has received the inputs without receiving the service shall be dealt with at the time of final hearing of the appeal. Therefore, as per Rule 9 of the CCR, 2004, whatever the service tax has been paid by the applicant, the applicant is entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X
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