9911796707
TMI Blog2013 (2) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... pecifically 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in attempt to save human life and the cases where the intimation of claim is not given within 90 days of the occurance of the accident and also a provision in the agreement that in case of any inconsistency between the provisions of JPA Policy and of the agreement the provision of the agreement shall prevail over the provisions of the policy. The department was, therefore, of the view that the insurance policy provided by the appellant to the Govt. of U.P. for providing insurance cover to 2,50,00,000/- farmers for an assured sum of Rs. 1 lakh each on premium of Rs. 10.50 per person is not the standard insurance policy - Janta Personal Accident Policy covered under Notification No. 3/94-5, dated 30-6-1994 and hence, the appellant are not eli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it cannot be concluded that this Janta Personal Accident Cover is not covered under the notification, that the Board vide Circular dated 18-1-2011 has clarified that customized group Janta Personal Accident Policy floated by the various insurance companies as per specifications of the State Government concerned to extend risk cover to target populations, and to fulfil the prescribed rural or social sector obligation, are covered by the service tax Exemption No. 3/94-S.T., that agreement between the appellant and the Govt. of U.P. was entered into to protect the interest of the insured farmers/beneficiaries rather than catering to any of the advantages accruing to the appellant as alleged in the impugned order, that the Commissioner s find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 012/0001032 dated 15-9-06. Notification No. 3/94-S.T., dated 30-6-95 specifically exempts from the service tax the Janta Personal Accident Policy and no standard format has been prescribed for this policy in the notification. In our view, just because the agreement of the appellant with the Govt. of U.P. mentions two grounds for rejection of claim - policy not covering self-exposure to needless peril except in an attempt to save human life and the cases where claims not submitted within 90 days from the date of accident, the policy in question would not cease to be the Janta Personal Accident Policy. We also find that the Board vide its letter dated 18-1-2011 has specifically clarified that since description of JPAP Policy is not given in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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