2018 (5) TMI 1217

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Shakkarwar, Member (Technical) Shri S. S. Gupta (C.A.) And Shri Mohd. Altaf (Asstt. Commr.) AR for Appellant Shri Mohd. Altaf (Asstt. Commr.) AR , Shri S. S. Gupta (C.A.) for Respondent Per: Anil Choudhary These cross appeals arise from common Order-in-Original dated 16th May, 2014 passed by Commissioner of Central Excise & Service Tax, Lucknow. 2. The issue in the appeal by the as....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r the same is in the nature of exempt service and is liable to reversal of input credit under the provisions of Rule, 6(1) of CCR, 2004. 4. Heard the parties. 5. So far the first issue is concerned regarding chargeability of service tax on the administration charges, we find that such levy have been introduced with effect from 1st May, 2011, when the definition in Section 65(105)(zx) was ame....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... charges as collected by them, out of the premium, which is at the same percentage as permitted by the "Insurance Regulatory & Development Authority, was correct". The Revenue have sought to tax the nominal difference, that is, the maximum 1.35% as permitted by IRDA Circular, being the maximum overall limit an insurer can charge and/or collect towards fund management charges out of the premium wit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....act value to arrive at the value of taxable services. Further, by the use of the word "charged", it is clear that the same refers to the amount billed by the service provider to the service receiver. Therefore, in terms of Section 67, unless an amount is charged by the service provider to the service recipient, it does not enter into the equation for determining the value on which service tax is p....