2015 (5) TMI 740 - AT - Service Tax

Waiver of pre deposit - Denial of CENVAT Credit - Reinsurance business - Held that - Prima facie, when the applicant undertake the insurance, i.e. the insurance date of commencement of risk by the insurance company for covering the insurance of Policy holder and that service has to be provided for a particular period of time as per the agreement. So, the output service is provided by the applicant till the termination of agreement, therefore, the service received by the applicant is a services received providing output service and qualify as input service as per rule 2(l) of the CCR, 2004. Therefore, the applicant is entitled to avail Cenvat credit on the reinsurance service received by them as per Rule 2(l) of the CCR, 2004. - Stay granted.

Summary

Issues:
1. Whether the appellant is entitled to take input service credit on reinsurance service under Rule 2(l) of the CCR, 2004.
2. Whether the appellant is entitled to avail input service credit on the invoices issued by reinsurance company who is a member of pool as per Rule 9 of the CCR, 2004 without receiving the service.

Analysis:
1. The appellant, an insurance company, sought waiver of pre-deposit of a substantial amount along with interest and penalty under the Finance Act, 1994 for the period from November 2008 to March 2012. The dispute centered around the appellant's reinsurance practices with companies abroad and in India. The issue was whether the appellant could avail Cenvat credit on reinsurance services received. The Tribunal found that the services received by the appellant qualified as input services under Rule 2(l) of the CCR, 2004, as they were provided while delivering output services. Hence, the appellant was entitled to Cenvat credit on reinsurance services.

2. Regarding the appellant's entitlement to avail input service credit on invoices issued by the reinsurance company, a member of a pool, without receiving the service, the Tribunal considered the mechanism of the General Insurance Corporation. It was argued that the appellant, being a member of the pool, did not receive any service as the pool members collectively provided insurance services to each other. However, the Tribunal opined that as per Rule 9 of the CCR, 2004, the appellant was entitled to take Cenvat credit on the service tax paid, irrespective of whether the service was directly received. The Tribunal granted a waiver of the pre-deposit of the entire amount of service tax, interest, and penalty, staying the recovery during the appeal's pendency.

In conclusion, the Tribunal ruled in favor of the appellant on both issues, allowing them to avail Cenvat credit on reinsurance services and invoices issued by the reinsurance company, even without direct receipt of the service, under the relevant provisions of the CCR, 2004.