Agreement to tolerate an act as a declared service requires an...

Agreement to tolerate an act as a declared service requires an independent contractual arrangement specifically providing for tolerance and a direct nexus between that arrangement and consideration. Retention of life-insurance premiums following policy lapse for non-payment or repudiation for mis-declaration did not meet those requirements: the insurance contract contained no separate tolerance agreement, and the policy became void without further insurance service. The retained premium was therefore not consideration for a distinct declared service, and taxing it would also create double taxation. The service-tax demand, interest and penalties were unsustainable.