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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, L.VICTORIA GOWRI
Commissioner of Service Tax, Central Excise and GST, Trichirappalli – Appellant
Versus
Lakshmi Vilas Bank, Karur – Respondent
| Table of Content |
|---|
| 1. overview of the case and background facts. (Para 2 , 3) |
| 2. arguments presented by both parties regarding cenvat credit. (Para 6 , 7) |
JUDGMENT :
1. These appeals have been filed by the Revenue, praying that the common Final Order No. 40832-40843/2020 dated 29.10.2020, passed by the Customs, Excise & Service Tax Appellate Tribunal, Chennai, be set aside, and that the Orders-in-Original passed by the Adjudicating Authority, which disallowed and recovered the CENVAT credit availed by the respondent-banks on the service tax paid for DICGC premium, be restored, together with interest and penalties.
3. The Appellate Authority (Commissioner of Appeals) concurred with the findings of the Adjudicating Authority.
5. Challenging the common order passed by the Tribunal, the Revenue has filed the present appeals.
(i) Whether the insurance service provided by the Deposit Insurance & Credit Guarantee Corporation to the Banks is an 'input service' specifically for the purpose of CENVAT Credit Rules , 2004 ?
(iii) Whether the CESTAT is correct in holding that the CENVAT Credit availed by the assessee-Banks as eligible in respect of service tax paid on deposit insurance service provided b
The court confirmed that deposit insurance services provided by DICGC qualify as 'input services' under CENVAT Credit Rules, allowing banks to avail credit on related service tax, reinforcing establi....
Refund claims for unutilized CENVAT credit linked to output services must establish clear nexus; errors in computation and documentation shouldn't deny legitimate claims.
Cenvat credit is allowable on services integral to the manufacturing and export processes, affirming a wide interpretation of 'input service' under CENVAT Credit Rules.
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