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Appellate Tribunal CESTAT Mumbai grants partial relief on CENVAT credit appeal for tax paid on specific services The Appellate Tribunal CESTAT Mumbai partly allowed the appeal regarding entitlement to CENVAT credit of tax paid on 'rent-a-cab service', 'club and ...
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Appellate Tribunal CESTAT Mumbai grants partial relief on CENVAT credit appeal for tax paid on specific services
The Appellate Tribunal CESTAT Mumbai partly allowed the appeal regarding entitlement to CENVAT credit of tax paid on 'rent-a-cab service', 'club and association service', and 'insurance service' for the period between 2008-09 and 2011-12. The Tribunal set aside the demand in the impugned order for 'insurance service' and 'rent-a-cab service', remanding the matter back for reconsideration. The appellant's contentions were partially upheld based on previous decisions and the need for fresh ascertainment, leading to a favorable outcome for the appellant in part.
Issues: Entitlement to CENVAT credit of tax paid on 'rent-a-cab service', 'club and association service', and 'insurance service' for the period between 2008-09 and 2011-12.
In this judgment by the Appellate Tribunal CESTAT Mumbai, the appeal was made against an order-in-original dated 24th February 2014 regarding the entitlement to CENVAT credit of tax paid on 'rent-a-cab service', 'club and association service', and 'insurance service' availed between 2008-09 and 2011-12. The appellant contended that the 'rent-a-cab service' amount denied should have been allowed based on previous periods, citing a Tribunal decision. Regarding 'insurance service', it was argued that the adjudicating authority erred in segregating the claim arising from insurance of employees, and reliance was placed on Tribunal and High Court decisions. For 'club and association service', it was argued that the appellant benefited from an increase in market share. The Tribunal found no new grounds on 'club and association service' credit and agreed with the adjudicating authority that its utilization was not related to the business of rendering service. On 'insurance service', the Tribunal noted the segregation of premium and the need for a fresh ascertainment based on cited decisions. The contention that 'rent-a-cab service' payments were made before an amendment in the definition of 'inputs' under CENVAT Credit Rules, 2004 was highlighted. The Tribunal set aside the demand in the impugned order for 'insurance service' and 'rent-a-cab service', remanding the matter back for reconsideration, thereby partly allowing the appeal.
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