2024-VIL-943-DEL-ST
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SERVICE TAX High Court Cases

Service Tax - CENVAT credit on various insurance policies for employees - reversal of CENVAT credit in respect of non-taxable services provided by the appellant in the State of Jammu and Kashmir - CENVAT Credit on Group Personal Accident Policy, Group Term Life Policy, and Group Mediclaim Policy taken for employees - Penalty on tax liability discharged under reverse charge on legal services - Whether the respondent adequately reversed the CENVAT credit under Rule 6 of the CENVAT Credit Rules, 2004 – HELD - Insofar as the reversal of CENVAT credit in respect of non-taxable services in the State of Jammu and Kashmir is concerned, the Tribunal has firstly taken note of the conceded position of the respondent-assessee providing both taxable as well as non-taxable services. It is in the aforesaid context that it has ultimately upheld the right of the assessee for a proportionate reversal in accordance with Rule 6(3) of the CENVAT Credit Rules, 2004 – the respondent-assessee is correct in proportionate reversal of CENVAT credit under Rule 6(3) of the CENVAT Credit Rules, 2004 - the respondent was entitled to avail CENVAT credit on the insurance policies taken for its employees, as the expenditure incurred formed part of the cost of production/value of the final product on which duty of excise was levied – on the issue of penalty, the Tribunal held that there was no evidence of any positive act on the part of the respondent proving an intention to evade payment of duty, and therefore, the imposition of penalty was unreasonable – the Tribunal order is upheld and the appeal is dismissed
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