2017 (8) TMI 1178

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..... efinition - credit allowed. Keyman Insurance Policy - Revenue pleads that there is clear cut finding in the impugned order that subject policy taken is not ‘keyman policy’ which is evident from the cover note of the policy and no where indication is there that subject policy is a Keyman Insurance Policy - Held that: - When the fact of subject policy is disputed, the matter is required to be sent back for fresh examination and adjudication by the original adjudicating authority, who shall decide the subject matter after giving opportunity of personal hearing and submission of documents to the appellant. Appeal allowed in part and part matter on remand. - ST/50396/2017-SM - A/55785/2017-SM[BR] - Dated:- 1-8-2017 - Mr. Ashok K. Arya, .....

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..... own transportation facility in order to cover the risk which also includes the risk of workers who are covered in that statutory establishment, he has to take the insurance policy without which the vehicle cannot go on the road. Under the Workmen s Compensation Act he has to obtain the Insurance Policy covering the risk of the employees. The Employee State Insurance Act takes care of the health of the employees also and casts an obligation on the employer to provide insurance services. Under these circumstances, this Group Insurance Health Policy though is also a welfare measure is an obligation which is cast under the Statute that the employer has to obey. Section 38 of the Employees State Insurance Act, 1948, mandates that subject to the .....

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..... fit of Cenvat credit for Mediclaim Policy of employees. 4 Another issue is regarding the claim of Cenvat credit for the service tax paid on Keyman Insurance Policy taken for the Managing Director of the appellant. The ld. Advocate for the appellant pleads that CESTAT in the case of M/s Anjani Portland Cements Ltd. Vs CCE - 2016 (72) TMT 212-CESTAT-Hyderabad has allowed Cenvat credit claim for the Keyman Insurance policy, which the appellant is calling life insurance policy for the key person. 4.1 On the other hand, ld. DR for the Revenue pleads that there is clear cut finding in the impugned order that subject policy taken is not keyman policy which is evident from the cover note of the policy and no where indication is there th .....

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