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18. The Tribunal has consistently held as above in the cases of Bajaj Alliance Life Insurance Co; M/s. Max Life Insurance Company ltd; Edelweiss Tokio Life Insurance Company ltd and Birla Sun life Insurance Co. Ltd (all supra). In addition we find that it is not the case of the department that the amounts in question are not paid to the insurance agents of the appellants (the service providers) to be viewed as a consideration liable to be taxed, at the hands of the service providers, for the services rendered, notwithstanding the fact that in the instant case the appellants have discharged the duty on reverse charge mechanism. On this count also, such amounts recovered by the appellants, who are service recipients, cannot be taxed in the scheme of service Tax. Therefore, we hold that on both these counts the demand on amount of service tax recovered by the appellants from their agents cannot be sustained. Thus, the demand of Rs 344, 39, 75,575 is liable to be set aside. As the demand itself is held not sustainable, the question of Interest and penalty does not arise at all.

19. Coming to the various expenses incurred by the appellant for training of the insurance agents and business promotion expenses, the appellants have submitted that these are business related expenses and have no connection with the consideration paid/payable to the insurance agents by the appellants for the services availed; Rule 5 and 6 of the Valuation Rules are not applicable as the appellants have been discharging service tax on the commission paid to the insurance agents by way of reverse charge mechanism and that without prejudice to the above Rule 5 of the Service Tax Valuation Rule has been held ultra wires by the Apex Court in the case of intercontinental consultants and Technocrat Pvt. Ltd. (supra). We also find that the appellants have relied upon Bajaj Alliance Life Insurance Co; M/s. Max Life Insurance Company Service Tax Appeal No. 89285 of 2018 Service Tax Appeal No. 89288 of 2018 Service Tax Appeal No. 89310 of 2018 ltd; Edelweiss Tokio Life Insurance Company ltd all (supra) and stated that the issue is no longer res-integra. We find that Tribunal in the case of Bajaj Alliance Life Insurance Co. (supra) held that