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TMI Blog2018 (11) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as a post manufacturing activity. The finance or raising of capital or adjustment of finances by way of taking insurance etc., falls within the inclusive part of the definition. Tribunal in the case of New Foods Pvt Ltd Vs CCE ST, Bangalore-II [2017 (1) TMI 151 - CESTAT BANGALORE] considered an identical issue and held in favor of the assessee holding that Cenvat Credit is eligible and refund claim was sanctioned. Appeal allowed - decided in favor of appellant. - E/30739/2018 - A/31270/2018 - Dated:- 3-10-2018 - Mr. P.K. CHOUDHARY, MEMBER (JUDICIAL) Shri Karan Talwar, Advocate for the Appellant. Shri V.R. Pavan Kumar, Superintendent/AR for the Respondent. ORDER 1. The appeal is filed by the appellant agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 67,277/- along with interest and also imposed equal penalty under Rule 15(1) of Cenvat Credit Rules, 2004. On appeal, the learned Commissioner (Appeals) dismissed the appeal filed by the appellant/assessee and hence, the present appeal before the Tribunal. 3. Ld. Advocate appearing on behalf of the appellant company submits that the services of product liability insurance and product recall liability insurance are in relation to manufacturing and are availed before clearing of goods from the factory. It is his submission that they have paid the premium for product liability insurance and product recall liability insurance before clearance of final product from the factory gate. The premium paid for the insurance is formi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... product liability insurance and product recall liability insurance are continuous policies covering risks arising in relation to the manufacture of final products and accordingly, the insurance services fall under the ambit of input services and the appellant had rightly availed credit of the same. The learned advocate relied upon various case laws in support of his submissions. 4. Learned Departmental Representative reiterates the orders of the lower authorities. 5. Heard both sides and perused the appeal records. 6. I find that the issue that arises for consideration is whether the appellant is eligible for credit of the service tax paid on product liability insurance and product recall liability insurance . The departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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