Supreme Court - Daily Orders
Commissioner Of Central Excise Pune Iii vs M/S Bajaj Allianz General Insurance ... on 8 September, 2022
Bench: M.R. Shah, Krishna Murari
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4001 OF 2009
COMMISSIONER OF CENTRAL EXCISE PUNE III Appellant(s)
VERSUS
M/S BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Respondent(s)
O R D E R
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.
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.
We are in complete agreement with the view taken by the Tribunal.
The Appeal stands dismissed.
.......................... J. Signature Not Verified (M.R. SHAH) Digitally signed by SNEHA Date: 2022.09.16 15:17:38 IST Reason: .......................... J. (KRISHNA MURARI) New Delhi;
September 08, 2022.
ITEM NO.102 COURT NO.8 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 4001/2009 COMMISSIONER OF CENTRAL EXCISE PUNE III Appellant(s) VERSUS M/S BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Respondent(s) (IA No. 3/2012 - STAY APPLICATION) Date : 08-09-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE KRISHNA MURARI For Appellant(s) Mr. N. Venkatraman, ASG Mr. Arijit Prasad, Sr. Adv.
Mr. Mukesh Kumar Maroria, AOR Mr. H.R. Rao, Adv.
Mr. V.C. Bharathi, Adv.
For Respondent(s) Mr. V. Sridharan, Sr. Adv.
Mr. Vinay Kr. Jain, Adv.
Ms. Mounica Kasturi, Adv.
Mr. Aditya Bhattacharya, Adv. Ms. Apeksha Mehta, Adv.
Mr. Pranav Mundra, Adv.
Mr. R. Parthasarathy, AOR UPON hearing the counsel the Court made the following O R D E R The Appeal stands dismissed in terms of the signed order. Pending applications, if any, stand disposed of. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)