9911796707
TMI Blog2018 (9) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... dent(s) ORDER Per: Ramesh Nair 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 Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of commission received from 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 no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, the appellant are 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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