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TMI Blog2019 (10) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... has allowed credit in respect of membership fees - the rejection of refund cannot sustain. Rejection of refund claim in respect of insurance services - HELD THAT:- The said services are availed by the appellant for meeting the loss that may result on account of any wrong decisions taken by the top most officers. This indemnification would help the appellant-company in cases of wrong decisions or wrong acts by the persons in the capacity as Directors and officers - the rejection of refund is unjustified and the same requires to be set aside. Rejection of refund of Krishi Kalyan Cess - it was held that the appellant has not debited in ST-3 returns - HELD THAT:- On perusal of the returns, it is seen that the appellant has in fact debited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the market as well as legal position with regard to the output services provided by the appellant. He relied upon the decision in the case of Northern Operating Service Pvt. Ltd. Vs. Commissioner of Service Tax, Bangalore 2017 (11) TMI 1105- CESTAT Bangalore. 2.1 The lower authorities rejected the refund in respect of insurance services which were availed by the appellant to take directors and officer s liability policy. Such policies indemnify the loss of advancement of defense costs in the event the loss has resulted due to wrong act or wrong decision of the Directors and officers. To support his contention, he relied upon the decision in the case of Braodbridge Financial Solutions India P. Ltd. Vs. Commissioner of Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay result on account of any wrong decisions taken by the top most officers. This indemnification would help the appellant-company in cases of wrong decisions or wrong acts by the persons in the capacity as Directors and officers. The decision relied by the ld. counsel has taken a view that the credit is eligible. From the face as well as the law placed before me, I am of the view that the rejection of refund is unjustified and the same requires to be set aside, which I hereby do. 5.2 The third issue is with regard to rejection of Krishi Kalyan Cess alleging that the appellant has not debited in ST-3 returns. On perusal of the returns, it is seen that the appellant has in fact debited the amount for the said period. The rejectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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