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2016 (12) TMI 164

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....usiness Auxiliary Services w.e.f. 5-10-2006 c. Business Support Services w.e.f. 31-3-2010 Appellant provides various distinct services to the bank.  One such services is printing of statement/cheque books/pay slips and various  other reports for the bank. Necessary stationary for printing  is supplied by the bank. In consideration for its services the appellant charges a fee.  During the period of dispute appellant paid services tax on all the services provided to the bank except on printing services.  As regard the printing services  during the course of audit, department observed that  the printing services  provided by the appellant  to the bank is classifiable  under Business Auxil....

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.... being time bar accordingly Order-in-Original  stands modified.  Being aggrieved by the part of the impugned order, the appellant filed the present appeal. 3.  Ms Aparna Hirandagi, Ld. Counsel for the appellant submits that the demand for the period 1-7-2003 to 31-3-2004  relevant in the present appeal for the Rs. 13,79,223/-  was confirmed on printing services  under the category of Business Auxiliary services under clause (iv) of Section 65(19) of the Act.  She submits that as regard entry  under clause (iv)  of Section 65(19) only services  which incidental or auxiliary to the services specified  under clause (i) to (iii) therefore  the entry under clause (iv)  is not in....

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.... and consumed  by the appellant in relation  to rendering output service through their  employees therefore  insurance policies  in respect of the employees  for which premium  is paid by the company clearly falls under the definition of  input service and same is admissible  for taking credit in terms of Service Tax Credit Rules, 2002. 4.  Shri. B. K. Iyer, Ld. Superintendent (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 5.  We have carefully considered the submissions made by both sides. 6.  The issue to be decided  in the present appeal are  (1) whether  the printing service provided  by the appellant to M/s....

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....in services, we are of the view that after clause (i) to (iii) under clause (iv) incidental or auxiliary  support service  has to be considered with relation to services  mentioned  under clause (i) to (iii), therefore  even if the contention of the Revenue  is accepted that the appellant's  services is liable to be covered under clause (iv) then by going through  the services provided under clause (i) to (iii) printing services  provided by the appellant cannot be considered as incidental or auxiliary services to the services mentioned  in clause (i) to (iii).  Therefore  printing service  would not fall under the category of Business Auxiliary Services.  Moreover, even ....

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....ll the three insurance policies are for the employees of the appellant's company.  The issue whether this service are  in or in relation  to  providing output service, has been considered in various judgments and it was held that  the insurance of the employees  is the service which is used in providing  output service. Some of the judgments are referred below: (i) Commissioner of C. Ex., Nagpur Vs.Ultratech Cement Ltd. 2010 (20) STR 577 (Bom.) (ii) Commr. of C.Ex., Bangalore-III Vs. Stanzen Toyotetsu India (P) Ltd. 2011 (23) S.T.R. 444(Kar.) (iii) Commissioner of C. Ex., Bangalore-II Vs. Millipore India Pvt. Ltd. 2012 (26) S.T.R. 514 (Kar.) (iv) Commissioner of Central Excise Vs. HCL Technolog....