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2018 (11) TMI 304

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....iding Personal Accidental Insurance Cover to 2,50,00,000 registered farmers 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 15.09.06 for the necessary insurance cover of the farmers. This agreement has been entered under the Janta Personal Accident Insurance Plan. There is an exemption Notification No.3/94-ST dated 30.06.94 exempting certain specified insurance schemes from whole of the service tax and SI.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....

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....enalty on the appellant. Against this order of the Commissioner, both sides have filed the appeals. 3. Heard both sides in respect of stay application. 4. Shri B.L. Narsimhan, Advocate & Shri Utkarsh Malviya, 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-ST dated 30.06.1994, 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 pa....

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....licy 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 farmers for assured sum of Rs. 1 Lakhs against premium of Rs. 10.50 per person. Against this agreement, the appellant issued policy No.4012/0001032 dated 15.09.2006. Notification No.3/94-ST dated 30.06.1995 specifically exempts from the service t....