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TMI Blog2025 (3) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... xiliary Service due to their lack of qualifications as actuaries and the nature of their operations as explained during the proceedings.
The impugned Order-in-Appeal cannot be sustained - appeal allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Tax Rules, 1994 read with Notification No. 36/2004-ST dated 31.12.2004. 2.4 The Ld. Original Adjudicating Authority vide order dated 30.01.2015 has confirmed the demand by holding that the Appellants would fall under "intermediary/insurance intermediary" and therefore, reverse charge mechanism is not applicable. This order was upheld by Order-in-Appeal dated 30.09.2015 and hence, the Appellant has filed this appeal before this forum. 3. The Ld. Advocate Shri S. Durairaj appearing for the Appellant has argued that the impugned order is not sustainable for the following reasons: - (i) Services provided by an actuary, intermediary or insurance intermediary or an insurance agent in relation to general insurance business are covered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per the Motor Vehicles Act. Features of policies of different companies and the respective premium amounts fixed by those insurers are explained to the customers. The customers only choose the insurance company, and such selection does not influence or force upon the appellant. The appellant receives policy and premium amounts from the customer and sends it to the concerned insurance companies after which the latter pay incentives for the said activities. 5. The SCN has alleged that these activities of the appellant will bring them within the fold of "actuary" and hence they are required to pay service tax under the "Insurance Auxiliary Service". From the statutory provisions and requirements, for becoming an actuary, we find that appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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