Case Law Details
Diamond Beverages Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)
CESTAT held that Cenvat credit of Service Tax paid on the insurance premium on the insurance policies taken for the employees of the Appellant which is covered under the Employees State Insurance Act. 1948 as well as the Factories Act, 1948 are eligible for Cenvat credit as per Rule 2(l) of the Cenvat credit Rules, 2004.
FULL TEXT OF THE CESTAT KOLKATA ORDER
The present Appeal has been preferred by the Appellant being aggrieved by the Order-in-Appeal No. 130/Kol-South/21 dated 04/10/2021 passed by the Commissioner Of CGST & CX (Appeals-I), Kolkata by which Cenvat credit of Rs.4,38,273/- with respect to the Service Tax paid on the premium of the Group Mediclaim Policy for its employees was disallowed. The Ld. Commissioner (Appeals) had further remanded the matter to the Ld. Adjudicating authority for determination of penalty imposed on the Appellant vide the adjudication order dated 28.02.2019.
2. Heard both sides and perused the appeal records.
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