Question99:
Please note that every industry is supposed to provide compensation to its
workmen in case of any mishappening or unfortunate happening in course of office
duties, in terms of some "Workmen Compensation Act". This insurance taken by our
client company to insure against such mishap. Pl suggest if input credit can be
taken of GST paid on insurance premium paid on such policy since there's no law
as such to obtain insurance for such cases.
Answer
The Section 17(5)(b)(iii) says that ITC on Life insurance and health
insurance is available where the Government notifies the services which are
obligatory for an employer to provide to its employees under any law for the
time being in force.
It means the requirement of insurance should come from law. In case the "Workmen
compensation Act" mandatory requires Insurance then you can take credit. If you
are getting insured to create funds as & when required to fulfill liability of
Workmen Compensation Act. You can not say insurance is requirement of law.
So in this case credit is not allowed. (Reply dt. 23/4/2018)