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TMI Blog2018 (9) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... llant was not required to pay service tax on Insurance Agent service in terms of N/N. 30/2012-ST dated 26.02.2012. However, the service recipient i.e. SBI Life is liable to pay service tax on reverse charge mechanism. CENVAT Credit - input service - Insurance Agent service provided by the appellant in the capacity of service provider - Held that:- The service tax was paid on the output service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... air The brief facts of the case are that appellant are registered under the category of Banking and Financial services. They entered into an agreement with SBI Life Insurance to sell their insurance products. The appellant was working as an agent of SBI Life and receiving commission of such sells. In terms of Notification No. 30/2012-ST dated 20.06.2012 read with Section 68(2) of the Finance Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SBI Life and only taken 50% of Cenvat credit. Even if Cenvat credit demand is recoverable since the appellant have paid service tax on 100% commission, then it is a case of Revenue neutrality, consequently no recovery should be made. In the grounds of appeal, the appellant also submitted that they are eligible to get service tax already paid in excess hence, they are not liable to pay service tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re not entitled for Cenvat credit since they were not liable to pay service tax. The prayer of the appellant regarding refund of service tax paid inadvertently by them can be considered. The appellant is at liberty to pursue their refund with the department and department shall process the refund in accordance with the law. Since the appellant have paid the service tax on 100% value and availed 50 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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