2013 (2) TMI 244 - AT - Service Tax

Appellant is entered into an agreement with the Government of U.P. for providing Personal Accidental Insurance - Agreement had been entered under the Janta Personal Accident Insurance Plan. There is an exemption Notification No. 3/94-S.T., dated 30-6-1994 exempting certain specified insurance schemes from whole of the service tax - department was of the view that the insurance policy provided by the appellant to the Govt. of U.P. is not as per the standard of insurance policy - Janta Personal Accident Policy covered under Notification No. 3/94-5 - Held that - Notification No. 3/94-S.T., dated 30-6-95 specifically exempts from the service tax the Janta Personal Accident Policy - Board vide its letter dated 18-1-2011 has specifically clarified that since description of JPAP Policy is not given in the notification, customized group JPAP Insurance schemes by various insurance companies as per specifications of the State Govt. concerned, to extend risk cover to target populations and to fulfill the prescribed rural or social sector obligation, are covered by the Notification No. 3/94-S.T - There is no requirement in the notification that the Janta Personal Accident Policy referred to in the notification must be submitted to the IRDA for its approval. Impugned order is not correct and asking the appellant to pre-deposit service tax would cause undue hardship - Requirement of pre-deposit of service tax demand, interest and penalty is, therefore, waived - stay application allowed.

Issues:
- Whether the insurance policy provided by the appellant to the Government of U.P. qualifies for exemption under Notification No. 3/94-S.T. dated 30-6-1994.
- Whether the insurance policy issued by the appellant for providing insurance cover to registered farmers is covered under the Janta Personal Accident Policy.
- Whether the appellant is liable to pay service tax along with interest as demanded by the Commissioner.
- Whether the penalty should be imposed on the appellant as per Sections 76, 77, and 78 of the Finance Act, 1994.

Analysis:

1. Exemption under Notification No. 3/94-S.T.:
The appellant argued that the insurance cover provided to farmers falls under the Janta Personal Accident Policy exempted from service tax. The Commissioner had demanded service tax of Rs. 6,45,22,500 along with interest but decided not to impose a penalty. The Tribunal found that the policy issued by the appellant met the criteria of the Janta Personal Accident Policy specified in the notification. The Board's circular clarified that customized group policies fulfilling rural or social sector obligations are covered by the exemption. The Tribunal held that the Commissioner's decision was incorrect, waived the pre-deposit of service tax, interest, and penalty, and stayed the recovery pending the appeal's disposal.

2. Coverage under Janta Personal Accident Policy:
The Departmental Representative argued that the policy must adhere to a prescribed format and additional grounds in the agreement require IRDA approval to be considered a Janta Personal Accident Policy. However, the Tribunal noted that the notification did not specify a standard format for the policy. The Tribunal emphasized that the policy's rejection grounds, as mentioned in the agreement, did not disqualify it from being a Janta Personal Accident Policy. The Tribunal concluded that the policy issued by the appellant for the farmers' insurance cover indeed falls under the Janta Personal Accident Policy exempted from service tax.

3. Liability for Service Tax and Interest:
The Commissioner confirmed the service tax demand and interest but refrained from imposing a penalty. The appellant contended that the policy qualifies for exemption, and the Tribunal agreed, finding the Commissioner's decision baseless. Consequently, the Tribunal waived the pre-deposit of the demanded amount and interest, staying the recovery during the appeal process.

4. Imposition of Penalty:
Although the Commissioner did not impose a penalty on the appellant, the issue was not contested further in the appeal. The Tribunal focused on the exemption eligibility under the notification and the liability for service tax and interest, ultimately ruling in favor of the appellant on these grounds.

In conclusion, the Tribunal allowed the appeal, waived the pre-deposit requirement, and stayed the recovery of the service tax and interest until the appeal's final disposal, determining that the insurance policy issued by the appellant for the farmers' insurance cover qualified for exemption under Notification No. 3/94-S.T.

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