TMI Blog2018 (12) TMI 1479X X X X Extracts X X X X X X X X Extracts X X X X ..... r the employees used in providing output service as it enables the employee to work with a peace of mind - credit allowed. Real Estate Agent Service - Held that:- The services of a Real Estate Agent is obtained by the Respondent. This for the purpose of allotting accommodation to its employees when posted at a particular station - This services would be covered by the definition of input services under Rule 2(1) of the CENVAT Credit Rules. These services enable the Respondent to keep its personnel available to provide services at a particular station. Thus, it has a nexus to the output services being provided by the Respondent - Credit allowed. Event Management Service - Held that:- These events are held/ organized by the Respondent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r organizing events, is an input service , as defined under Rule 2(1) of the Cenvat Credit Rules 2004 and the CESTAT was right in allowing the CENVAT Credit on the same? 3. Respondent is a Banking Company. It is engaged in providing various banking and financial services. It is registered under the Act for rendering banking and other financial services, Business Auxiliary Services etc., 4. Re Question (a): (i) Respondent-Assessee during period April, 2003 to March, 2011, took CENVAT Credit of service tax paid to the Insurance Companies. This on account of Insurance taken out for its employees. (ii) The authorities under the Act denied the benefit of CENVAT Credit taken on the service tax paid to the Insurance Companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so as there is no exclusion clause therein, as was provided by the amendment in April,2011. We observe that taking of Insurance for the employees used in providing output service as it enables the employee to work with a peace of mind. Therefore, the benefit, if any, to the employee is incidental and not the primary purpose/object of taking insurance cover for its employees. In any case, this service would also stand covered by inclusive part of the definition of input services as provided in Rule 2 (1) of the CENVAT Credit Rules, prior to April, 2011. (iv) In the above view, the question as proposed does not give rise to any substantial question of law. Thus, not entertained. 5 Re Question (b): (i) The Respondent took c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese services enable the Respondent to keep its personnel available to provide services at a particular station. Thus, it has a nexus to the output services being provided by the Respondent. Therefore, the Respondent would be entitled to avail of Cenvat Credit to the extent service tax is paid to Real Estate Agents. (iv) In the above view, the question as proposed does not give rise to any substantial question of law. Thus, not entertained. 6. Re Question (c): (i) The Respondent denied the CENVAT Credit of service tax paid to Event Management Services. This on the ground that the organizing of various events cannot be considered as business promotion events. (ii) In appeal, the Tribunal by the impugned order found as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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