2013 (2) TMI 24 - AT - Service Tax

Service tax on commission received from General Insurance Company Ltd. - respondent works as a licensed agent - Held that - The provisions of Rule 2(1)(d)(ii) of the Service Tax Rules, 1994 clearly casts responsibility on the insurance company to discharge the service tax liability on the commission paid by them to their licensed agent. As in the current case, that defence is enough for the respondent herein to state that the amount received by them from M/s. IFFCO-TOKIO General Insurance Company Ltd. has already been taxed by the government in the hands of the insurance company FAA was correct in allowing the appeal filed by the respondent.

Summary

Issues involved:
Discharge of service tax liability on commission received by the respondent from M/s. IFFCO-TOKIO General Insurance Company Ltd.

Analysis:

Issue 1: Discharge of service tax liability on commission received

The appeal was filed by the Revenue against an order setting aside demands of service tax liability, interest, and penalties imposed on the respondent. The issue revolved around the commission received by the respondent from M/s. IFFCO-TOKIO General Insurance Company Ltd. The first appellate authority held that as per Rule 2(1)(d)(ii) of the Service Tax Rules, 1994, the service tax liability was on the insurance company, not the respondent. The Revenue contended that the certificate provided by the respondent did not specify the period for which service tax was paid by the insurance company, and the first appellate authority did not verify the payment details. However, the Tribunal found that the respondent was a licensed agent of the insurance company and that the commission received was already taxed by the government in the hands of the insurance company. Therefore, the Tribunal upheld the first appellate authority's decision, stating that the service tax liability rested with the insurance company, not the respondent.

Conclusion:
The Tribunal concluded that the impugned order was legally sound and upheld it, rejecting the Revenue's appeal. The Tribunal found that the respondent was not liable to discharge the service tax on the commission received from the insurance company, as per the relevant provisions of the Service Tax Rules, 1994. The decision highlighted the importance of correctly interpreting the rules regarding service tax liability in cases involving commissions paid by entities such as insurance companies to their licensed agents.