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TMI Blog2014 (1) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) of the CENVAT Credit Rules, 2004 - Conditional stay granted. - ST/87/2011 - MO/71281-71282/13 - Dated:- 7-10-2013 - D M Misra And I P Lal, JJ. For the Appellant : Shri Biswajit Dutta, Adv. For the Respondent : Shri A K Biswas, Supdt. (AR) PER : D M Misra This Miscellaneous Application is filed for correction/rectification of certain mistakes in the ST-5 Application. 2. The Ld. Advocate for the Applicant submitted that instead of showing their total duty liability confirmed against them, only the Service Tax demand of Rs.62,06,774/- has been shown and the Cenvat Credit of Rs.4,10,25,659/- has not been mentioned therein. However, in their grounds Appeal the entire demand has been challenged. 3. The Ld.A.R. for the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvices provided by them includes (i) collection of consideration from policy holder (health insurance) (ii) making payment of premium to the insurance companies on behalf of the policy holders (iii) processing of claims and making reimbursement of claims on behalf of their clients as well as survey and settlement of claims. He has submitted that in view of the Circular issued by Board vide F.No.B-11/1/2002-TRU dated 01.08.2002 all these services fall under the category of 'Insurance Auxiliary Service' as defined under Sec.65(55) of the Finance Act, 1994 and the Appellant had not discharged Service Tax on the same. Regarding the CENVAT Credit availed by the Applicant the Ld. A.R. for the Revenue has submitted that the Applicant had not avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt had not been allowed the CENVAT Credit on the ground the documents on which they had availed credit were not the prescribed ones under Rule 9(1) of the CENVAT Credit Rules, 2004. Hence, at this stage in absence of any other argument of the department about the eligibility or otherwise of the said credit on merit, which could only be examined at the time of disposal of the Appeal, by analyzing the evidences, it could be discerned that the documents on which the Applicant had availed CENVAT Credit, are not in order. In these circumstances, keeping in view the interest of Revenue and the principle of law settled by the Hon'ble High Courts and Hon'ble Supreme Court in disposal of the Stay Applications and the financial hardship expressed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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