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2014 (9) TMI 819 - AT - Service TaxExport of Insurance Auxiliary Services - receipt of re-insurance brokerage commission - brokerage received from overseas re-insurers - Held that:- the decision in the case of National Engg. Ind. Ltd. [2009 (3) TMI 93 - CESTAT NEW DELHI] cannot be applied to the present case. In that case, services were provided to foreign company for whom orders were received from Railways. The Foreign supplier received the amount from Indian Railways for the goods supplied, the discount / remuneration for the Indian company was paid by Railways in Indian rupee instead of paying consideration in foreign exchange to the foreign supplier and thereafter, the foreign supplier sending the discount/brokerage in foreign currency to the broker/agent. In that case, service was provided to the service receiver abroad and consideration was in fact indirectly received in foreign currency. In the present case, the appellant provided service to Indian Insurer who has paid the remuneration to the appellant in Indian currency. Prima facie, the facts are not comparable and therefore, the decision is not applicable. In the appellant’s own case as well as in the case of Suprasesh G.I.S. & Brokers P. Ltd. (2008 (11) TMI 82 - CESTAT, CHENNAI), this Tribunal in similar circumstances has taken a view that the appellant does not have a prima facie case - stay granted partly - matter remitted back to Commissioner (Appeals) subject of deposit of 50% as pre-deposit.
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