2011 (8) TMI 311 - AT - Service Tax

Cenvat credit - workmen's compensation (general insurance) - in relation to manufacture of final product - In case of an accident within the factory, the compensation has to be paid by the company in accordance with the law and this is obligatory. To fulfill this legal obligation, the assessee has taken insurance - therefore it can be said that in this case the insurance premium is definitely relatable to business activity and is to fulfill one of the legal obligations of providing compensation to worker in case of injury in the factory - Decided in favor of the assessee

Summary

Issues:
1. Admissibility of cenvat credit on service tax paid for workmen's compensation insurance.
2. Interpretation of the nexus between input services and business activity for cenvat credit eligibility.

Analysis:
1. The case involved a dispute regarding the admissibility of cenvat credit on service tax paid for workmen's compensation insurance by M/s. Surani Ceramics. The authorities initially allowed the credit, citing a Tribunal decision in a similar case. The Revenue, however, argued against it, pointing out that the decision relied upon had been set aside. Additionally, they mentioned an appeal filed against another related decision. The Tribunal examined these arguments in light of relevant High Court judgments and previous decisions.

2. The Tribunal considered the eligibility of service tax paid on security services in a High Court case involving residential quarters of workers. The High Court concluded that such services were not directly related to the manufacture of the final product. Reference was made to other High Court decisions on canteen facilities and the definition of input services. A Supreme Court decision was also cited, emphasizing the distinction between inputs and input services in terms of nexus with manufacturing activities. The Tribunal applied this analysis to the case at hand, where insurance for workmen's compensation was deemed a business-related activity due to legal obligations. Relying on the precedent set by a Co-ordinate Bench decision and the lack of a stay, the Tribunal upheld the admissibility of cenvat credit on the insurance premium, ultimately rejecting the Revenue's appeal.