M/S Hindustan Petroleum Corporation ... vs Commissioner Of Central Excise, ... on 27 February, 2014
6.1 With regard to group health insurance, the ld. counsel has
submitted that the said services were availed for taking
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insurance coverage for the employees. Since the appellant has
more than 600 employees, it is mandatory for them to take
insurance coverage for their employees. The exclusion clause in
the definition of input service excludes such kind of insurance
which is taken for an employee during the leave travel
allowance and it does not blanketly exclude all insurance
service. Though the Tribunal in the case of Hindustan Petroleum
Corporation (supra) has taken a view that medical insurance
service is not eligible for credit, the said decision is not
applicable to the facts of the present case for the reason that in
the said case the insurance was taken for security agency i.e.
CISF, who is not a direct employee of the assessee. In the
appellant's own case, for the period after 1.4.2011, as reported
in 2016 (43) STR 454, the Bench has allowed the credit. The
relevant portion is reproduced as under:-