2020 (10) TMI 300

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.... 156 of 2019, 159 of 2019 and 160 of 2019. Mr. Bharat R. Raichandani i/b. UBR Legal for Appellant in CEXA Nos.167 of 2019 and 143 of 2019. Mr. Karan Adik a/w. Smt. Maya Majumdar for Respondent in CEXA Nos.148 of 2019, 149 of 2019 and 156 of 2019. Mr. Pradeep S. Jetly, Senior Advocate a/w. Mr. J. B. Mishra for Respondent in CEXA Nos.151 of 2019, 159 of 2019, 160 of 2019, 167 of 2019 and 143 of 2019. P.C. : This order will dispose off all the appeals. 2. The appeals have been preferred by the respective banks under section 35-G of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994 assailing the legality and validity of the order dated 12.02.2019 passed by the Customs, Excise and Service Tax Appellate ....

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....t credit of service tax paid on the insurance premium to ensure the deposits of its constituents with it to the different Insurance and Guarantee Corporation ? (b) Whether on the facts and in the circumstances of the case and in law, the Tribunal ought to have referred the issue to a larger bench as there were contrary decisions of the co-ordinate benches of the Tribunal in favour of the appellant in the case of DCB Bank Ltd. Vs. Commissioner of Service Tax-I, Mumbai (2017) 6 GSTL 479 and Punjab National Bank Vs. Commissioner of Central Excise & Service Tax, 2018 TIOL 1395 ? 3. Mr. Raichandani, learned Counsel appearing in support of the appeal states that the issue raised herein viz. entitlement to avail of Cenvat credit ....

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....s appeal could be heard together. This appeal along with the Revenue's appeal, particulars of which would be given by Mr. Jetly to the Court Associate, be listed on 13th September, 2019. 6. Parties are put to notice that this appeal itself may be disposed of finally at the stage of admission on the next date. 7. Stand over to 13th September, 2019." 7. Subsequently in the other appeals, this Court had passed the following order on 25.09.2019:- "These Appeals by the Revenue and the Assessee challenge a common order dated 12th February, 2019 passed by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal). The learned Counsel appearing for the parties state that the issue arising herein namely - whe....

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....favour of the appellants i.e., the banks and therefore, the appeals may be allowed by setting aside the impugned order. 9. While acknowledging that larger Bench of CESTAT has answered the issue in favour of the appellant banks, Mr. Jetly submits that the matters would now have to go back to the CESTAT for taking decisions in the individual appeals in conformity with the decision rendered by the larger bench. 10. Submissions made have been considered. 11. We find that a three-member bench of CESTAT, Bangalore had delivered judgment on 20.03.2020. As already noticed above, the service provided by the Deposit Insurance and Credit Guarantee Corporation to the banks for insuring the deposits of the public with the banks has been conside....