(M.R. Shah and Krishna Murari, JJ.)
Commissioner of Central Excise Pune III _______________ Appellant;
v.
Bajaj Allianz General Insurance Company Ltd. __________ Respondent.
Civil Appeal No. 4001 of 2009, decided on September 8, 2022
The Order of the court was delivered by
Order
1. The question before the learned Customs, Excise & Service Tax Appellate Tribunal [for short ‘the Tribunal’] was whether the service tax was payable on a premium in terms of the insurance policy covering the future period at revised rates, if the rates are revised by law during the operation of policy already issued and service tax liability is discharged.
2. The learned Tribunal, by a detailed judgment and order, and considering the fact that the entire premium was paid prior to 10.09.2004 i.e. before the change in the rate of tax, has rightly observed and held that the assessee is not liable to pay the enhanced rate of tax.
3. We are in complete agreement with the view taken by the Tribunal.
4. The Appeal stands dismissed.
Civil Appeal No(s). 4001/2009
Commissioner of Central Excise Pune III _______________ Appellant
v.
M/s. Bajaj Allianz General Insurance Company Ltd _____ Respondent
(IA No. 3/2012 – STAY APPLICATION)
Date : 08-09-2022 This matter was called on for hearing today.
(Before M.R. Shah and Krishna Murari, JJ.)
UPON hearing the counsel the Court made the following
ORDER
5. The Appeal stands dismissed in terms of the signed order.
6. Pending applications, if any, stand disposed of.
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