2014 (9) TMI 819

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....hat they were in receipt of re-insurance brokerage commission, on which service tax was not paid under the plea that the service falls under the category of export. Further scrutiny revealed that the appellant was in the business of Insurance Broking with Composite License issued by the IRDA. The appellants are undertaking broking service in respect of direct insurance as well as reinsurance. They were paying service tax under Insurance Auxiliary Service in respect of brokerage received from primary insurers in India but did not pay service tax on brokerage received from overseas re-insurers. As regards the activity undertaken, the appellant acts as reinsurance broker and arranges for reinsurance of Indian Insurance companies with the overs....

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....ed upon the decision in case of National Engg. Ind. Ltd. Vs. Commissioner of Central Excise, Jaipur [2009 (15) S.T.R. 68 (Tri.-Del.)]. 3. Learned A.R. on behalf of Revenue drew our attention to the Stay Order No. 1022/2011 dated 18.10.2011 in the case of very same appellant on the very same issue, wherein this Tribunal has directed the appellant to deposit approximately 50% of service tax demanded for hearing the appeal. He also relied upon the decision in the case of Suprasesh G.I.S & Brokers P. Ltd. vs. Commissioner of Service Tax, Chennai [2009 (13) S.T.R. 641 (Tri.-Chennai)] wherein in similar circumstances, the Tribunal had held that service tax is liable to be paid by the broker in India and cannot be considered as 'Export of Servi....