36. Insofar as the issue of irregular availment of utilization of service tax
on input credit on certain invoices during the period 10.09.2004 to 2009, we
find that while in certain cases, they have already reversed the amount of
credit but in relation to certain credit, they are contesting the eligibility. We
find that as far as credit towards Mediclaim Insurance is concerned, the
reliance has been placed on Deloitte Support Services India Pvt Ltd Vs CCE,
Hyderabad [2017 (5) GSTL 393 (Tri-Bang)], wherein the Tribunal examined
the eligibility of group insurance premium and having regards to various
decisions, considered that the said credit is eligible.
I find that the Larger Bench of the Tribunal in the
case of Reliance Industries Limited cited supra has considered the
decision of Tribunal in the case of Deloitte Support Services India Pvt.
Limited Vs. CCE, Hyderabad, decision of Hon'ble Karnataka High Court
in Millipore India Pvt. Ltd, decision of Hon'ble Gujarat High Court in the
case of Essar Oil Ltd., decision of Hon'ble Bombay High Court in Coca
Cola India Pvt. Ltd, in Ultratech Cement case and in the case of Willis
Processing Services (India) Ltd and also the decision of Hon'ble Apex
Court in the case of Maruti Suzuki. It answered the reference on
11 E/55022/2023-SMB
interpretation of Rule 2(l) of the Cenvat Credit Rules, 2004 for the period
prior to amendment made in year 2011, in following terms: -
4. After hearing both sides, it is seen that the appellant has
reversed the credit even before issuance of the show cause
notice. It is also not the case of the department that they have
utilized the credit. Following the decision of the Hon'ble High
Court of Madras in the case of Strategic Engineering P. Ltd.
(supra) as well as the decision of the Tribunal in Tata Business
Support Services Ltd. (supra), I am of the view that the
3
demand of interest and penalty cannot sustain. The same is set
aside without disturbing the duty demand or the appropriation
of the irregularly availed credit. The appeal is partly allowed in
the above terms with consequential relief, if any.
3. The issue whether credit is eligible on such services is decided
by the Tribunal in the case of Deloitte Support Services India Pvt. Ltd.
Vs. C.C.E. Hyderabad-IV- 2017 (5) G.S.T.L. 393 (Tri. - Bang.).
Following the same and considering the position of law prior to
01.04.2011, I am of the view that the denial of credit is unjustified.
The impugned order is set aside.