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JSW Steel (Salav) Ltd. Versus Commissioner of Central Excise, Raigad

2017 (2) TMI 318 - CESTAT MUMBAI

CENVAT credit - various types of insurance policies - policies taken by appellant are in respect of various machineries, tugs, vessels etc and also for public utility insurance for more than one unit situated in different locations under a single policy - Held that: - all these insurance policies which have been taken by appellant are connected with the activity of the appellant i.e. manufacturing of Hot Iron and Sponge Iron on which appellant discharges Central Excise duty as applicable - relia .....

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als are directed against Order-in-Appeal No. US/311 & 312/RGD/2012 dated 01.05.2012. 2. Heard both sides and perused the records. 3. The issue that falls for consideration is during the period April 2010 to March 2011, appellant had availed credit of service tax on various types of insurance policies taken by them. The insurance policies which were taken by the appellant during the relevant period are as under:- (a) Marine Hull Policy - For protection of vessels against damage; (b) Public Ut .....

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licy - Policy covering goods, freight and other interest against loss or damage to goods whilst being transported sea; (f) Industrial All Risk Insurance Policy - for Plant and machinery and other assets of the company. Policy to cover large manufacturing industrial risks; (g) Marine War Insurance Policy - Insuring War Perils (h) Money Insurance Policy - to cover for loss of money in transit between the insured s premises and bank or post office (i) Contractors Plant and Machinery Insurance Polic .....

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e notices which denied the CENVAT credit of the service tax paid on the insurance policies on the ground that the activities are not integrally connected with the business of appellant. Adjudicating authority after following due process of law came to a conclusion that the appellants are not eligible for availing CENVAT credit. Coming to such conclusion adjudicating authority confirmed the demand raised along with interest and also imposed penalties. 5. Learned Counsel would submit that the issu .....

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