9911796707
TMI Blog2022 (6) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... ER (TECHNICAL) Ms. Shwetha Vasudevan, Advocate for the Appellant Ms. K. Komathi, Authorized Representative for the Respondent ORDER The issue involved in both these appeals being the same, they are heard together and are disposed of by this common order. 2. Brief facts are that on the basis of intelligence received that the appellant-bank had wrongly availed CENVAT Credit in respect of the Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Overseas Bank, Anna Salai, Chennai - 600 002 (one of the appellants herein). Aggrieved, the appellants are now before the Tribunal. 4.1 Ms. Shwetha Vasudevan, Learned Counsel, appeared and argued on behalf of the appellants. She submitted that the question involved is whether the appellant-bank can avail credit of the Service Tax on the deposit insurance service provided by DICGC. She explained t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue is no longer res integra as the same is covered by the decision of the Larger bench of the Tribunal in the case of M/s. South Indian Bank v. Commissioner of Customs, Central Excise and Service Tax, Calicut reported in 2020 (41) G.S.T.L. 609 (Tribunal - L.B.). Further, that the Tribunal, in the appellant's own case as reported in 2021 (1) T.M.I. 754 - CESTAT, Chennai, has followed the above d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, for a different period, has followed the decision of the Larger Bench and held that the credit is eligible. 8. Following these decisions, we have no hesitation to hold that the credit of the Service Tax paid on the basis of premium paid to DICGC is eligible. The impugned order disallowing the credit and confirming the demand, interest and penalty is set aside. 9. The appeals are allowed with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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