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TMI Blog2014 (12) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... . M.V. Ravindran; This appeal is directed against the OIA No. SRP-197-VAPI-2012-13 dated 09.01.2013. 2. Heard both sides and perused the records. 3. The issue involved in this case is regarding denial of cenvat credit of Rs. 2,60,599/- availed on the service tax paid by the insurance providers on various insurance policies taken out by the appellant. 4. Undisputed facts are that appellant is m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) DSCL Sugar - 2012 (28) STR 559 (Tri. Del.) (c) Monnet Ispat & Energy Limited - 2010 (19) STR 417(Tri. Del.) 6. On perusal of the said case laws, I do find that the coordinate bench of the Tribunal has specifically stated that insurance of plant and machinery, company's vehicles, cash in box and in transit at various co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the premium paid on the insurance policies were prior to the allotment and in the said allotment letter it is specifically indicated that the appellants were handed over an open and vacant plot by the GIDC for further constructions. Be that as it may, since the open and vacant plot is also of the same assessee, even if the insurance policy covers the said plot, denial of cenvat credit of service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny, within 30 days on receipt of certified copy of this order. Needless to state that the appellant has also to pay interest on the said amount of Rs. 28,681/-. 9. As regards the balance amount of Rs. 2,31,918/-, as recorded herein before by me, appellant is eligible to avail cenvat credit and the impugned order to that extent is incorrect and is liable to be set-aside and I do so. Since I allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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