2022 (5) TMI 1644 - HC - Central Excise

Rajasthan High Court Dismisses Appeal, Citing Prior Adjudication of Legal Question as Grounds for Lack of Merit.

The HC of Rajasthan dismissed the appeal, determining that the question of law had been previously adjudicated in an earlier case. The appeal lacked merit ... CENVAT Credit - input service or not - imported Reinsurance Services - HELD THAT:- This Court has dismissed the appeal filed by the Revenue observing that there is no scope for deviating from the ratio in the case of THE COMMISSIONER OF CENTRAL EXCISE SERVICE TAX & CUSTOMS, BANGALORE (ADJUDICATION) , THE COMMISSIONER OF SERVICE TAX VERSUS M/S. PNB METLIFE INDIA INSURANCE CO. LTD. [2015 (5) TMI 68 - KARNATAKA HIGH COURT] where it was held that 'In the present case, if the entire Service Tax which is collected by the Insurer, while selling its insurance policies, has to be deposited without being given the credit of the tax which is paid by it while procuring a policy of reinsurance as (mandatorily required in law), the same would be against the ethos of CENVAT credit policy, as the same would amount to double taxation, which is not permissible in law.' This appeal has no merit, therefore, liable to be dismissed and the same is accordingly dismissed. The High Court of Rajasthan dismissed the appeal as the question of law had already been decided in a previous case. The appeal was found to have no merit and was accordingly dismissed. (Citation: 2022 (5) TMI 1644 - Rajasthan High Court)