2025 (10) TMI 372

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....ion of India, inter alia, challenging the following: (i) Order-in-Appeal No. 262/Commr./Central-Tax/Appeal-I/ Delhi/2024 dated 11th July 2024 passed by the ld. Commissioner (Appeals-i), CGST, Delhi; (ii) Order-in-Original No. 58/ADC/D.N./Manish Kumar Jha/2023 dated 29th December, 2023 passed by the Respondent No. 1 and (iii) The Show Cause Notice [FORM GST DRC-01] bearing Reference No. 50/GST/2023-24 dated 27th September, 2023 issued by the Respondent No. 2. 3. The question that has been raised in this case is as to whether re-insurance services which are availed of by the Petitioner-M/s Oriental Insurance Company Limited would be liable for GST for the period between 01st July 2017 to 24th January 2018. 4. ....

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....GST Council, GST liability on the services by way of reinsurance of the insurance schemes specified in SI. Nos. 35 and 36 of notification No. 12/2017-CT(R) dated 28.06.2017 is regularized for the period from 01.07.2017 to 24.01.2018 on 'as is where is' basis." 6. However, ld. Counsel for the Petitioner has taken the Court through a decision of a Co-ordinate Bench of this Court in W. P. (C) 4136/2024 titled 'AXA France Vie-India v. Union of India & Ors.', wherein this very issue relating to another insurance company has been considered by this Court and it has been observed as under: "7. It appears that on 18 January 2018, the GST Council introduced a new entry in Notification No. 12/2017 dated 28 June 2017 exempting rein....

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....to include Serial No.40 specifically. The issue which therefore remained for consideration was whether the aforesaid amendments would be liable to be viewed as curative, and thus being applicable to the period prior to 27 July 2018, the date from which the said notification was stated to be applicable and whether the same would clarify the position which would obtain prior thereto. 12. These aspects ultimately fell for deliberation before the GST Council in its meeting held on 22 June 2024 and in which the recommendations of the Fitment Committee for regularization of payment of GST on reinsurance services came to be accepted. 13. This becomes apparent from a reading of Note 5.46 and the decision expressly taken by the Cou....

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....artment of Revenue in the Ministry of Finance on 15 July 2024 and insofar as GST liability on reinsurance is concerned it was clarified as under:- ""6. GST liability on the reinsurance of specified general and life insurance schemes. 6.1 Representations have been received to either exempt or regularize the GST liability, for the period from 01.07.2017 to 24.01.2018, on reinsurance of specified general insurance and life insurance schemes, which are exempt from GST. 6.2 Certain specified general insurance and life insurance schemes are exempt from GST under Sl. Nos. 35 and 36 of notification No. 12/2017-CT(R) dated 28.06.2017. Vide entry at Sl. No. 36A of the said notification, reinsurance of the aforesaid exempted....