Cenvat credit of service tax on repair of motor vehicle

Insurance Company can take the CENVAT Credit of Service Tax on Invoice in relation to repair of Motor Vehicle Example: Mr. X (Inssured) file a Claim in relation to Accident of Motor Car to XYZ Ltd (Inssurance Company). ABC Ltd repair the Motor Car and issued the invoice and charged the Service Tax on Labour Part. Who Can Claim the Credit of Service Tax charged by ABC Ltd. XYZ Ltd (Inssurance Company) or Mr. X (Inssured)
Replies (7)

Plz reply. Koi nhi h is group mae Service Tax Expert.

Not a service tax ....; but as per my understanding, as the service tax is paid by insurance company, M/s. XYZ can take Cenvat credit.

Thank you Sir, my opinion is also same, but the repair bills are in the name of Mr. X (inssured), XYZ (Insurance company) is Reimburse the expenses in the form of Claim.

True, but department would not allow any cenvat credit to Mr. X, when the amount is not paid by him. He can take cenvat credits over the premium paid, if eligible.

Ok sir, Is it possible to take the credit by Insurance Company, if yes than grounds for taking CENVAT credit. 

As per my understanding, the insurance company is service receiver, and paid the bill amount including ST.

Ok Sir, Thank you

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