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2010 (12) TMI 824 - HC - Service TaxService tax liability - collection of service tax liability of insurance premium from the policy holder - it is evident that once there is proposal and acceptance a valid contract has been created - Evidently, the first step is the proposal for insurance and the parties have agreed the terms and when the second respondent tendered the first premium, he has fulfilled his part of the contract and on acceptance the terms have become absolute and unqualified - Evidently, at that point of time the petitioner had not put any additional conditions for payment of any extra amount above Rs. 4,810/- to meet the service tax element. It is evident therefore that there had been consensus arrived at on the terms of the policy, as found in Ext.P7 award, to include every items within the Premium Amount of Rs. 4810/-. The Ombudsman was of the view that the premium was fixed as inclusive of tax and all the expenses. From the circumstances pointed out above, it cannot be said that the view taken therein is wrong. - Decided in favor of policy holder.
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