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2016 (8) TMI 450

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....peals have been filed: - Sr. No. Appeal No. Period SCNs DT. Service on which credit denied 1. E/1835/11 Dec., 08 to July, 09 4-1-2010 Shipping Fees 2. E/1836/11 Oct., 07 to Sept., 08 3-12-2008 11-4-2009 22-5-2009 Insurance 3. E/1837/11 Jan., 08 to June, 08 4-2-2009 Shipping Fees 4. E/1838/11 Jan., 08 to June, 08 3-2-2009 Technical testing & Certification & Cleaning Services for Vessels and Barges 5. E/1839/11 Oct., 08 to March, 10 25-8-2010 Insurance 6. E/1840/11 Nov., 08 to March, 09 7-12-2009 Insurance Service 7. E/1841/11 April, 07 to March, 09 & April, 09 to March, 2010 10-1-2011 27-4-2010 Repairs & Maintenance of Guest House, Painting, Water proofing, plastering. 2. Learned Counsel for the appel....

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....o be received in the factory for availing the credit has been upset by various decisions of Tribunal and superior courts. 2.1 As regards input services, it was highlighted by the Counsel that the insurance was taken in respect of Vehicle insurance policy, Burglary insurance, Standard Fire & Spl. Peril policy, Marine inland specific transit insurance. It was argued by the learned Counsel that all these are essential activities and the credit of the Service Tax paid on the said insurance policies would be admissible. It was argued that the Commissioner (Appeals) has relied on the decision of Hon'ble High Court of Delhi in the case of DSCL Sugar  2014 (34) STR 58 (Tri-Del), wherein Service Tax paid on insurance of transit of finished....

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....342 (Tri-Bang), wherein credit of services used for repair and painting of staff quarters outside factory premises has not been allowed. He specifically relied on para 4 of the said decision, which reads as under: - 4.I find from the available record that Repair and Maintenance Service has been utilised by the appellant for the residential complex provided to its employees, which is situated outside the factory premises. Further, the services in relation to consultancy has been availed by the appellant not for its manufacturing unit, but for its another unit, which is located outside the factory of manufacture of excisable goods. The Cenvat Credit Rules permit the manufacturer to take Cenvat credit of the service tax paid on the input ser....