2011 (2) TMI 786

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....SDR For Respondent: Shri S Muttuvenkataraman, Adv. Per: M Veeraiyan: Appeal No. E/310/10 is by the department against order of the Commissioner (Appeals) No. 64/2010 Dated 26.2.2010. Cross Objection No.E/CO/42/2010 is linked to this appeal. 2. Heard both sides. 3. The respondents are manufacturer of cement. They are availing CENVAT credit of duty paid on inputs and capital goods and....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... has set aside the order of the original authority. 4. Learned SDR reiterating the grounds of appeal submits that the said insurance does not have any direct nexus with the manufacture and sale activities and therefore, the impugned services cannot be treated as input services. He also submits the decision of the Larger Bench of the Tribunal in the case of GTC Industries reported in - (2008-TIO....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....her directly or indirectly, in or in relation to the manufacture of final products and clearance of final products upto the place of removal, and includes services used in relation to setting up, modernization, renovation or repairs of a factory, premises of provider of output service or an office relating to such factory or premises, advertisement or sales promotion, market research, storage upto....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mages etc. is necessarily a precautionary measure to safeguard against any unwarranted situation of the business. The security of a company does not merely depend upon the physical security and insurance against such perils definitely assures the financial security of the business. 7. In view of the above, the Commissioner (Appeals) holding that the insurance policy has been used to cover expen....