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2024 (6) TMI 1112

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.... for its recovery alongwith interest under Section 75 and equal penalty under Section 78 of the Finance Act, 1994 is assailed in this appeal. 2. Facts of the case, in a nutshell, is that Appellant is engaged in providing insurance service on motor vehicles and there was no restriction on availing CENVAT Credit on input services prior to 01.04.2011 and after 01.04.2012 when exception was carved out towards general insurance services for such availment but due to change introduced in the definition of input service w.e.f. April, 2011 with introduction of exclusion clause through which certain inputs were kept outside the purview of availment of CENVAT Credit, Appellant was asked to pay the above noted amount for the period from April, 2011 t....

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....TAT-DEL], Commissioner of Central Goods and Service Tax, Commissionerate Jaipur Vs. Shriram General Insurance Company Ltd. vide Central Excise Appeal No. 4/2021 Order dated January 19, 2022, High Court of Rajasthan, Commissioner of Central Goods and Service Tax, Commissionerate Jaipur Vs. Shriram General Insurance Company Ltd. vide Central Excise Appeal No. 5/2021 Order dated May 24, 2022, High Court of Rajasthan, Commissioner of Central Goods and Service Tax, Vs. Shriram General Insurance Company Ltd., Special Leave Petition (CIVIL) Diary No. 4928/2023 dated February 27, 2023, Supreme Court, he further submitted that issue is no more res integra that CENVAT Credit shall be admissible towards re-insurance services and are not excluded from ....

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....) ... (BA) specified in sub-clause (d) and (zo)of clause (105) of section 65 of the Finance Act, in so far as they relate to a motor vehicle which is not a capital goods, except when used by - (a) a manufacturer of a motor vehicle in respect of a motor vehicle manufactured by him; or (b) a provider of output service as specified in sub-clause (d) of clause (105) of section 65 of the Finance Act, in respect of a motor vehicle insured or reinsured by him; ..." 6. From the Bare reading of the above provision, it can be said that Sub-Clause (BA) would apply to the Appellant's case and presence of two negatives namely 'but excludes' in Clause 1 and 'except when used by' in Sub-Clause (BA) would bring a positive meaning to the fact tha....