TaxTMI 
TaxTMI 
2020 (1) TMI 272
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....ppellant Shri P. Gupta, DR - for the respondent ORDER Bijay Kumar : The present appeal is filed against the impugned order dated 24.1.2019 passed by learned Commissioner (Appeals), CGST and Central Excise, Delhi by which the order of lower adjudicating authority dated 31.8.2018 has been upheld. The lower adjudicating authority has confirmed the demand of Rs. 4,77,219/- on account of Cenvat cre....
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.... During the period 2015-2017, the appellant was availing the Cenvat credit on the expenses incurred in respect of "Keyman Insurance Policy‟ of the Key Managerial Person. In the instant case, the Keyman Insurance Policy pertaining to Shri Anil Singhal, who has Managing Director of the appellant, upon his life. The appellant has taken Keyman Insurance Policies from HDFC life, Kotak Life Insura....
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....behalf of the appellant submits that the issue is decided in their favour in their own appeal being Service Tax appeal No. 52845 0f 2018 (SM) wherein it was held that insurance premium paid for the Keyman insurance to the insurer is available input service under Rule 2(l) of the Cenvat Credit Rules and the appellant is entitled for the same. 6. On the other hand, the learned Authorised Representa....
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....red the rival contentions, I find that it is clearly mentioned in the policy documents, that the benefit under the policy in question is payable to the policy holder -appellant company. Nomination is generally required to get benefit of the policy. Where the policy holder is a company under the Company Act, (having perpetual existence) in such cases, no nomination is required. Thus, the Court Belo....