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2014 (3) TMI 482 - AT - Central ExciseWaiver of pre deposit - Denial of CENVAT Credit - Input services in respect of Employees Health Insurance - period prior to 1.4.2008 - Held that - in view of decision in Commissioner vs. Stanzen Toyotetsu India (P) Ltd. 2011 (4) TMI 201 - KARNATAKA HIGH COURT) wherein Insurance Auxiliary Services were held to have a nexus with the business activities of the assessee - stay granted. Cenvat credit in respect of Residential Fire Policy - nexus with business activity - Held that - Conflicting decisions of the High Court have been cited before me. Judicial discipline demands that the view taken by the jurisdictional High Court be followed. - following the decision in the case of ITC Ltd. vs. Commissioner of C. Ex., Hyderabad 2010 (17) S.T.R. 146 (Tri.-Bang.) as affirmed by the HC in 2011 (11) TMI 516 - ANDHRA PRADESH HIGH COURT , stay granted.
Issues:
1. Waiver and stay of adjudged dues including CENVAT credit for Insurance Auxiliary Service. 2. Denial of CENVAT credit for Residential Fire Policy due to lack of nexus with business activity. 3. Conflict between different High Court decisions regarding CENVAT credit eligibility. Analysis: Issue 1: Waiver and stay of adjudged dues for Insurance Auxiliary Service The appellant sought waiver and stay for the CENVAT credit denied for Insurance Auxiliary Service from January 2006 to September 2010. The Commissioner (Appeals) had allowed a major part of the credit based on a High Court judgment, but denied credit for the period before 1.4.2008. The appellant relied on a different High Court judgment to support their claim that Insurance Auxiliary Services have a nexus with business activities and should be covered under 'input service' for CENVAT credit. The Additional Commissioner did not provide any contrary binding precedent. The Tribunal found in favor of the appellant, granting the waiver and stay. Issue 2: Denial of CENVAT credit for Residential Fire Policy A small part of the demand was related to CENVAT credit denial for Residential Fire Policy due to a perceived lack of nexus with the appellant's business activity. The appellant cited a case where CENVAT credit was allowed for Maintenance or Repair Service related to a staff colony away from the factory. However, the Additional Commissioner relied on High Court decisions where no nexus was found between business activities and services provided at residential colonies. The Tribunal considered these arguments but ultimately sided with the appellant, granting the waiver and stay for this part of the demand. Issue 3: Conflict between High Court decisions Conflicting High Court decisions were presented, with the appellant relying on a specific judgment while the Additional Commissioner argued against its applicability. The Tribunal emphasized the importance of following the view taken by the jurisdictional High Court. It clarified that the absence of a specific ruling in the cited case did not diminish its precedential value. The Tribunal upheld the decision of the Hon'ble High Court of Andhra Pradesh as a precedent to be followed in the present dispute, leading to the total waiver of pre-deposit and stay of recovery as requested by the appellant. In conclusion, the Tribunal's judgment favored the appellant by granting the waiver and stay for both the Insurance Auxiliary Service and Residential Fire Policy CENVAT credit disputes, while also resolving the conflict between High Court decisions by upholding the precedential value of the Andhra Pradesh High Court's ruling.
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