2016 (7) TMI 1174

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....he appellant Shri S.C. Kardia, Asstt. Commissioner (AR) for the respondent ORDER This appeal has been filed by M/s BNY Mellon International Operations (India) Pvt Ltd against order-in-appeal no. PIII/RS/70/2012 dated 14th March 2012 passed by the Commissioner of Central Excise (Appeals), Pune III. 2. The appellant is an exporter of various services and is registered under Finance Act, ....

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....rance is not restricted to the employees of the appellant but extends to their family members, which according to the refund sanctioning authority, amounted to procurement of services not entirely for the purpose of rendering output service. The appellant carried the dispute to the Commissioner (Appeals), who by the impugned order, upheld the findings of the lower authority. 3. Learned Counsel ....

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.... refund pertaining to Service Tax paid on group insurance policy, which also includes members of the family of the employee, the issue has already been settled in favour of the appellant in the cases of Micro Labs Ltd. and Stanzen Toyotetsu India (P) Ltd., cited supra decided by the Hon'ble High Court of Karnataka. Therefore, the appellant is rightly entitled to take credit of Service Tax paid on ....

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....f the employees. 6. Having heard both the sides, it appears that tax paid on insurance premium is eligible for availment as CENVAT Credit and the short-point for determination is the extent to which the premium does not relate to coverage of employees under the group insurance scheme. In the instant case, the appellant is charged with a premium which does not vary with the number of dependents ....