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BNY Mellon International Operations (India) Pvt. Ltd. Versus Commissioner of Central Excise

2016 (7) TMI 1174 - CESTAT MUMBAI

Refund of unutilized cenvat credit - export of services - input services - service tax paid on the premium charged on group insurance scheme - Held that:- it appears that tax paid on insurance premium is eligible for availment as CENVAT Credit and the short-point for determination is the extent to which the premium does not relate to coverage of employees under the group insurance scheme. In the instant case, the appellant is charged with a premium which does not vary with the number of dependen .....

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the appellant Shri S.C. Kardia, Asstt. Commissioner (AR) for the respondent ORDER This appeal has been filed by M/s BNY Mellon International Operations (India) Pvt Ltd against order-in-appeal no. PIII/RS/70/2012 dated 14th March 2012 passed by the Commissioner of Central Excise (Appeals), Pune III. 2. The appellant is an exporter of various services and is registered under Finance Act, 1994 as provider of business auxiliary services. To provide this service, appellant utilizes the services of o .....

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. The credit that was not allowed to be refunded relates to the service tax paid on the premium charged on group insurance scheme. The principal ground for rejection was that the cover of group insurance is not restricted to the employees of the appellant but extends to their family members, which according to the refund sanctioning authority, amounted to procurement of services not entirely for the purpose of rendering output service. The appellant carried the dispute to the Commissioner (Appea .....

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the consideration paid to insurer is entirely for business purpose. 4. Learned Counsel for appellant also draw attention to the decision of this Tribunal in PTC Software (India) Pvt Ltd v. Commissioner of Central Excise, Pune III [2014 (35) STR 632 (Tri-Mumbai)] which, placing reliance on a decision of the Hon ble High Court of Karnataka, has held: 5.1 As regards the rejection of refund pertaining to Service Tax paid on group insurance policy, which also includes members of the family of the em .....

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