Appeal granted for Cenvat credit on catering and insurance services, penalty set aside. The appeal was filed against the Order-in-Appeal denying Cenvat credit on service tax for catering/canteen services and Mediclaim Insurance services. The ...
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Appeal granted for Cenvat credit on catering and insurance services, penalty set aside.
The appeal was filed against the Order-in-Appeal denying Cenvat credit on service tax for catering/canteen services and Mediclaim Insurance services. The lower authorities upheld the denial but later set aside the penalty. The Judicial Member, considering past decisions, allowed the appeal, stating the services were eligible for credit. The decision was based on precedents like GTC Industries Ltd.'s case and Millipore India Ltd.'s case, providing consequential relief if necessary.
Issues: - Eligibility for Cenvat credit on service tax paid on catering/canteen services and Mediclaim Insurance services.
Analysis: The appeal was filed against the Order-in-Appeal which denied the appellants the benefit of Cenvat credit on service tax paid for catering/canteen services and Mediclaim Insurance services, as these were considered services for the welfare of staff and not part of the manufacturing process. Both lower authorities confirmed the duty amount, levied interest, and imposed a penalty, which was later set aside. The appellants argued that the issue was covered by previous decisions of the Larger Bench and cited relevant cases. The Judicial Member considered the submissions and records. The main issue was whether the appellants were eligible for Cenvat credit on these services. The Judicial Member agreed with the appellants, stating that the issue was covered by previous decisions of the Larger Bench and allowed the appeal, setting aside the impugned order and providing consequential relief if any. The decision was based on the precedent set by previous cases, including GTC Industries Ltd.'s case and Millipore India Ltd.'s case.
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