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    <title>2024 (7) TMI 1458 - CESTAT NEW DELHI</title>
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    <description>Passenger accident compensation surcharge collected as part of the fare structure did not constitute premium for a taxable general insurance service because the appellant was neither an insurer nor a reinsurer, there was no identifiable insurance contract promising indemnity for a fixed assured sum, and the compensation payable was not tied to an insured value. For the post-01.07.2012 period, the dominant service remained passenger transport by stage carriage, and the surcharge stayed incidental to that exempt transportation service rather than converting the activity into insurance service. As no sustainable tax liability arose, interest and penalty also could not survive.</description>
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      <description>Passenger accident compensation surcharge collected as part of the fare structure did not constitute premium for a taxable general insurance service because the appellant was neither an insurer nor a reinsurer, there was no identifiable insurance contract promising indemnity for a fixed assured sum, and the compensation payable was not tied to an insured value. For the post-01.07.2012 period, the dominant service remained passenger transport by stage carriage, and the surcharge stayed incidental to that exempt transportation service rather than converting the activity into insurance service. As no sustainable tax liability arose, interest and penalty also could not survive.</description>
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      <pubDate>Tue, 16 Jul 2024 00:00:00 +0530</pubDate>
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