The coordinate benches of the Tribunal have consistently decided ...

Insurance firms can avail CENVAT credit on invoices with service tax paid. Coordinate benches bound by precedents. Dissent & referral to 3rd member impermissible.

Case Laws     Service Tax

July 5, 2024

The coordinate benches of the Tribunal have consistently decided the issue of availment of CENVAT credit by insurance companies on invoices issued by dealers or manufacturers, holding that such credit is permissible when service tax has undisputedly been paid to the government. The High Court cannot sit in appeal over its earlier final order in the same matter. The doctrine of precedents mandates that a coordinate bench is bound by the final order of another coordinate bench. The dissent by the Member (Technical) of the Tribunal, derogating from the consistent view of coordinate benches, and referring the matter to a Third Member, is impermissible. Consequently, the prejudicial portion of the order by the Member (Technical) is quashed.

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