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2015 (11) TMI 969 - CESTAT MUMBAI

2015 (11) TMI 969 - CESTAT MUMBAI - 2016 (42) S.T.R. 384 (Tri. - Mumbai) - Denial of CENVAT Credit - whether the appellant is eligible to avail CENVAT credit of the service tax paid on insurance premium to the Insurance Company for Group Insurance and medi-claim policies taken for existing employees as well as for the retired employees; also on the service tax paid on the insurance premium for the policy taken for stocks lying in the foreign warehouses - Held that:- In respect of the service tax .....

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TAKA HIGH COURT ]. On an identical issue for the earlier period, this Bench having taken a view that the appellant is eligible to avail CENVAT credit, following the same, we hold that the appellant is eligible to avail CENVAT credit of the service tax paid on the premium of the insurance cover extended to their employees who are retired. - CENVAT credit sought to be denied by both the lower authorities is not in consonance with the law. Accordingly, we set aside the impugned order - Decided in f .....

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for extension of stay are also disposed of as the appeals are taken up for disposal. 2. Heard both sides and perused the records. 3. The issue involved in these cases is whether the appellant is eligible to avail CENVAT credit of the service tax paid on insurance premium to the Insurance Company for Group Insurance and medi-claim policies taken for existing employees as well as for the retired employees; also on the service tax paid on the insurance premium for the policy taken for stocks lying .....

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r for the stock lying in foreign warehouses, it was the findings of both the lower authorities that the same is ineligible as the expenses incurred are beyond the place of removal of final products i.e. port of export and does not get covered under the definition of 'input services' under Rule 2(l) of the Cenvat Credit Rules, 2004. 5. We find that in respect of the service tax paid on the premium of the life insurance/medi-claim taken for the existing employees as well as the retired emp .....

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o avail CENVAT credit, following the same, we hold that the appellant is eligible to avail CENVAT credit of the service tax paid on the premium of the insurance cover extended to their employees who are retired. 5.1 As regards the service tax credit availed on the amount of insurance premium paid on the stocks which were lying in warehouses in foreign countries, we find that the lower authorities have mis-directed their findings, without considering the fact that the said services would get cove .....

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been mentioned that no tax liability arises on services" '(c) those specified in clause (ii) of this rule, be such services as are received by a recipient located in India for use in relation to business or commerce. It is to be noted that insurance services are one of the services that are covered under Taxation of Services Rules, but got excluded as clause (c) as reproduced herein above. 5.2 We find strong force in the contentions raised by the appellants that it is not in dispute th .....

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l fiction to deem import of service, as provision of service within India, so that the provisions of Chapter-V of the Finance Act, 1994 can be applied to. The charging section remains Section 66, even for the service imported. In other words, the tax collected from the recipient in terms of Section 66A, is also tax chargeable under Section 66 of the Finance Act, 1994 and thus there is no mistake in the relevant provision of the Cenvat Credit Rules, 2004 and that credit of tax paid on imported se .....

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