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2013 (2) TMI 244 - CESTAT, NEW DELHIAppellant is entered into an agreement with the Government of U.P. for providing Personal Accidental Insurance - Agreement had been entered under the Janta Personal Accident Insurance Plan. There is an exemption Notification No. 3/94-S.T., dated 30-6-1994 exempting certain specified insurance schemes from whole of the service tax - department was of the view that the insurance policy provided by the appellant to the Govt. of U.P. is not as per the standard of insurance policy - Janta Personal Accident Policy covered under Notification No. 3/94-5 - Held that:- Notification No. 3/94-S.T., dated 30-6-95 specifically exempts from the service tax the Janta Personal Accident Policy - Board vide its letter dated 18-1-2011 has specifically clarified that since description of JPAP Policy is not given in the notification, customized group JPAP Insurance schemes by various insurance companies as per specifications of the State Govt. concerned, to extend risk cover to target populations and to fulfill the prescribed ‘rural or social sector’ obligation, are covered by the Notification No. 3/94-S.T - There is no requirement in the notification that the Janta Personal Accident Policy referred to in the notification must be submitted to the IRDA for its approval. Impugned order is not correct and asking the appellant to pre-deposit service tax would cause undue hardship - Requirement of pre-deposit of service tax demand, interest and penalty is, therefore, waived - stay application allowed.
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