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commission received from Oriental Insurance co Ltd

satbir singhwahi

Sir

The Car dealer pvt ltd company is receiving commission from The Oriental Insurance co . Ltd for Insurance policy cover notes issued at their premises for cars sold by them.This commission is for Infrastructure used by Insurance co. and policy done. Whether any service tax liability is on Car dealer pvt ltd co.

Service tax on premises rental: commission for insurer's use of dealership premises treated as taxable renting service. The commission paid by an insurance company to a car dealer for use of the dealer's premises to issue insurance cover notes constitutes consideration for permitting use of premises and infrastructure; such receipts are treated as renting/usage-related consideration and are liable to service tax. (AI Summary)
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JSW CEMENTLIMITED on Sep 2, 2015

Clearly you are renting your premises by way of receiving commission for usage of your premises by the Insurance Company. To that extent service tax is leviable.

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