2013 (2) TMI 244

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....rs for an insured sum of Rs. 1,00,000/- per person against premium of Rs. 10.50 per person and issued policy No. 4012/0001032, dated 15-9-2006 for the necessary insurance cover of the farmers. This agreement had been entered under the Janta Personal Accident Insurance Plan. There is an exemption Notification No. 3/94-S.T., dated 30-6-1994 exempting certain specified insurance schemes from whole of the service tax and Sl. No. 5 to the Table to this Notification covers "Janta Personal Accident Policy" and "Gramin Accidental Policy". The department conducted certain inquiries into this insurance policy taken by the Government of Uttar Pradesh and was of the view that in view of the terms of the agreement of the appellant with the Government of....

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....inst this order of the Commissioner, this appeal along with stay application has been filed. 3. Heard both sides in respect of stay application. 4. Shri B.L. Narsimhan, Advocate, ld. Counsel for the appellant, pleaded that the Personal Accident Insurance Cover to 2,50,00,000/- farmers of U.P. provided by the appellant in terms of the agreement with the Govt. of U.P. is under the Janta Personal Accident Policy and those very policies are specifically exempt from the service tax under Notification No. 3/94-S.T., dated 30-6-1994, that just because the agreement with the Govt. of U.P. mentions that self-exposure to needless peril except to save human life would not be covered and this insurance policy and payment of compensation....

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....nal Accident Policy cover must be in a prescribed format and the additional grounds appearing in the agreement must have the approval of the IRDA without which the policy, in question, cannot be treated as Janta Personal Accident Policy covered by the notification. 6. We have carefully considered the submissions made by both the sides and perused the records. The Government of U.P. has floated a tender inviting quotations for premium from insurance companies for providing Janta Personal Accidental Policy for accident insurance to 2,50,00,000/- registered farmers between the age of 12 to 70 years and after inviting the bids, agreement was entered into with appellant for providing Personal Accident Insurance Cover to 2,50,00,000/- far....