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2018 (9) TMI 176 - CESTAT AHMEDABADBanking and Financial services - appellant was working as an agent of SBI Life and receiving commission of such sells - N/N. 30/2012-ST dated 20.06.2012 read with Section 68(2) of the Finance Act, 1994 and Rule 2(1)(d)(i)(A) of Service Tax Rules, 1994 - Held that:- The appellant was not required to pay service tax on Insurance Agent service in terms of N/N. 30/2012-ST dated 26.02.2012. However, the service recipient i.e. SBI Life is liable to pay service tax on reverse charge mechanism. CENVAT Credit - input service - Insurance Agent service provided by the appellant in the capacity of service provider - Held that:- The service tax was paid on the output service therefore, the credit in respect of output service cannot be taken as per CENVAT Credit Rules. Therefore, the appellant are not entitled for Cenvat credit since they were not liable to pay service tax. Extended period of limitation - Held that:- Since the appellant have paid the service tax on 100% value and availed 50% credit, even though they were not liable to pay, no malafide intention on the part of the appellant. In such a case, demand for the longer period and penalties are not sustainable. Appeal allowed in part.
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