TMI Blog2018 (4) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... e said input service and utilized the same wrongly, which came to the knowledge of the Department only in the course of audit conducted during August, 2011 - Held that: - on the date when the Cenvat credit was earned and eligible to be taken the same was legally taken by the appellant in terms of Rule 2(l) of Cenvat Credit Rules - There is no provision in the Cenvat Credit Rules that credit taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how cause notice dated 15th May, 2014 was issued invoking the extended period proposing to deny Cenvat credit ₹ 35,57,078/- on account of service tax paid on Group Insurance, as proportionate credit of the same was not available, after 31/03/2011 in terms of amendment in Rule 2(l) (c). These insurance policies were procured by the respondents between July, 2010 to December, 2010 for a period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e period July, 2010 to December, 2010 for a period of one year and premium as well as service tax were paid by the respondent assessee on procurement of the said policies. Further, the Cenvat credit of such service tax paid on premium was also availed prior to 01/04/2011. It was further observed that there is no dispute about procurement of insurance policies before 01/04/2011. Relying on the ruli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, 2011 and subsequent to that date services used in respect of modernization, renovation or repairs of premises from where services provided is only admissible for Cenvat credit under the Cenvat Credit Rules. 5. The Learned Counsel for the Respondent - assessee states that the facts in their case are different from the facts in the case of Infosys and as such the said ruling is differentiable. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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