2018 (4) TMI 588 - AT - Central Excise

CENVAT credit - input service - medical insurance in respect of employees - penalty - Held that - insurance of the employees is mandatory under factory act therefore it is used in relation to manufacture of the final product as without employees contribution no manufacturing can take place - This Tribunal in Hinduja Founders Ltd. Vs. Commissioner of C Ex. Chennai-I 2016 (4) TMI 326 - CESTAT CHENNAI has held that credit on the employees insurance service is admissible - credit allowed. Penalty - Held that - issue is debatable and in some of the judgments on these services credit have been allowed - no malafide intention can be attributed to the appellant - penalty set aside. Appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Availment of Cenvat credit for event management and insurance services, contesting the reversal of Cenvat credit for insurance related to employees' families, contesting the imposition of penalty for availing Cenvat credit for medical insurance of employees.

Analysis:

1. The appellant availed Cenvat credit for event management and insurance services, but reversed the credit for event management and insurance related to employees' families. The only contested issue was the availing of Cenvat credit for medical insurance of employees and the imposition of penalty.

2. The consultant for the appellant argued that medical insurance for employees is a statutory obligation necessary for the manufacturer's production process, thus constituting an input service. Since the interpretation of availing Cenvat credit for event management and insurance for employees' families was a matter of interpretation, the consultant argued against the imposition of a penalty.

3. The Revenue representative reiterated the findings of the impugned order, supporting the denial of Cenvat credit for medical insurance of employees.

4. The Tribunal carefully considered both sides' submissions and found that the issue at hand was narrow. The appellant had already reversed the Cenvat credit for event management and insurance related to employees' families. The critical issue was the availing of Cenvat credit for medical insurance of employees. The Tribunal noted that employee insurance is mandatory under the factory act and is essential for manufacturing activities. Referring to previous judgments, the Tribunal held that credit for employee insurance services is admissible.

5. Consequently, the Tribunal allowed Cenvat credit for employees' insurance but disallowed it for event management and insurance related to employees' families.

6. Regarding the penalty, the Tribunal found the issue debatable, with precedents allowing credit for similar services. As there was no malicious intent on the appellant's part, the penalty under Rule 15(2) read with Section 11AC was deemed not imposable, and thus, set aside. The appeal was allowed in favor of the appellant.