TMI Blog2013 (11) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... taken up with the Board and the Board vide letter dated 24.02.2009 conveyed to the applicants that the applicants are not performing taxable service of General Insurance Business and not liable under the taxable service of General Insurance Business service. The Board has reviewed its earlier decision which was conveyed to the applicants vide letter dated 20.09.2011 whereby it has been decided that the applicants are providing taxable service. Show Cause Notices were issued in view of the letter dated 20.09.2011. In view of the earlier letter dated 24.02.2009, whereby it was conveyed that the applicants are not liable for service tax under the category of General Insurance Business, prima facie, the applicants have a strong case for waiver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicants had approached the CBEC for exemption from service tax and that the Board denied the exemption. However, on subsequent representation, vide letter dated 24.02.2009, the Board conveyed that the applicants are not performing the taxable service of General Insurance but is performing the function of a watchdog and guarantor by banking activities by any bank operating in India. It is also conveyed that the charges collected by the applicants are not taxable under the taxable service of General Insurance Business. It was, subsequently, vide letter dated 20.09.2011, the Board reviewed its earlier decision and decided that the activity undertaken by the applicants fall within the ambit of Sec.65(105) of the Finance Act, 1994 and the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Service. Therefore, the applicants be directed to deposit the dues for hearing of the appeal. 7. The applicants were held liable for service tax under the category of General Insurance Business services as provided under Sec. 65(49) read with Sec. 65(105)(d) of the Finance Act, 1994. The applicants were corresponding with the Board of Customs Central Excise. Earlier the applicants were asking for exemption from service tax which was declined vide letter dated 05.01.2009. The matter was again taken up with the Board and the Board vide letter dated 24.02.2009 conveyed to the applicants that the applicants are not performing taxable service of General Insurance Business and not liable under the taxable service of General Insurance Busine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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