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2022 (1) TMI 969 - AT - Service TaxValuation - commission payable to agent is inclusive of service tax or not - Revenue was of the view that respondent are not authorized to deduct the amount from the commission - demand u/s 73A(2) of Chapter V of the Finance Act, 1994 - HELD THAT:- The issue is no longer res-integra and has been decided in the favour of respondents, by CESTAT in case of M/S BAJAJ ALLIANZ LIFE INSURANCE CO. LTD, TATA AIA LIFE INSURANCE CO. LTD, KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE LTD, INDIA FIRST LIFE INSURANCE CO. LTD, BHARATI-AXA LIFE INSURANCE CO LTD VERSUS COMMISSIONER OF C.E. & S.T., PUNE-III, C.S.T., PUNE-I, MUMBAI-II, VII, VI (VICE-VERSA) [2019 (6) TMI 104 - CESTAT MUMBAI] where it was held that The service tax initially paid by the Appellants and later collected from the insurance agents by adjusting the commission paid, cannot be directed to be deposited under Section 73A(2) of Finance Act, 1994. Appeal dismissed - decided against Revenue.
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