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2019 (5) TMI 255

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....ecords. 3. Both sides submit that the error is only typographical and will not alter the outcome of the final order dated 08.02.2019. 4. On consideration of the submissions made we find it so. The errors which are sought to be typographical error they are rectified and tabulated as under: Sl. No. Reference in Final Order Text as appears in Final Order starting and ending Text to be read after Rectification of error 1. Sentence No. 1, line No. 4 and 5 of para 4 "... he is against that part of the order which held in favour of the appellant assessee on the part of the premium recovered towards management and fund under ULIP, which was attributable to premium allocation charges, policy administration charges etc., wh....

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....cation dated 01.07.2010 in terms of which IRDA had issued the Insurance Regulatory and Development Authority (Treatment of Discontinued Linked Insurance Policies) Regulations, 2010 to contend that surrender/discontinuance charges are consideration for like insurance service that had been rendered was incorrect. All that the said regulation prescribed was the manner in which surrender value was to be arrived at which hitherto, was not provided for. The regulation applied only in respect of policies issued after 01.07.2010 and was completely irrelevant in so far as policies issued prior to that date are concerned." 3. Line 6 of sub-para (a)(v) Para 6 "It is contended that the Adjudicating Authority could have traverse beyond the show....

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....he difference between the fund on the date of surrender vis-à-vis the amount agreed to be paid to the policy holder of his surrendering the policy before expiry of the locking period as provided in the policy." "... it represents the difference between the fund on the date of surrender visà- vis the amount agreed to be paid to the policy holder of his surrendering the policy before expiry of the lock-in period as provided in the policy." 6. Line 12 of second para of Para 11 (on page 12) "In our view, the amounts entered as surrender/discontinuance charges in the appellant assesse's books of accounts are not consideration for any service rendered by them, but it represents the amount that is retained by insurer on t....

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....by payment in cash/ debit in CENVAT balance." 11. Line 11 and 13 "... no taxable service rendered by them is exempt from whole of tax leviable on them nor was had rendering nontaxable services, he has also held that merely because of services tax was payable on a part of a value on taxable service..." "... no taxable service rendered by them is exempt from whole of tax leviable thereon nor were they rendering nontaxable services, he has also held that merely because of services tax was payable on a part of a value of taxable service..." 12. Line 16 and 18 of Para 18 "We find that Revenue in it is appeal has not disputed any of these findings, all that Revenue has contended in the appeal is that the Adjudicating Authorit....