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TMI Blog2025 (3) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... f Customs, Central Excise & Service Tax (Appeals-I), Coimbatore upholding the Order-in-Original No. 04/2015 dated 30.01.2015 passed by the Additional Commissioner of Customs, Central Excise and Service Tax, Coimbatore confirming the demand of service tax and interest and also imposing penalties in respect of Show Cause Notices No. 32/2010(ADC) dated 13.08.2010, No. 16/2011 dated 01.08.2011 and Statement of Demand No. 3/2013-ADC dated 11.04.2013. 2. Brief facts of the appeal are as follows: - 2.1 The Appellants are the authorised dealer for M/s. Maruti Suzuki Ltd. At the time of vehicle sales, they arrange for the insurance of vehicles through insurance companies, who paid the service tax on the total premium. Out of that premium, incentiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iary or an insurance agent in relation to general insurance business are covered as insurance auxiliary business as defined in Section 65(55), and the Appellant would not fall under actuary or intermediary/insurance intermediary as defined in Actuary Act, 2006 and Insurance Regulatory and Development Authority Act, 1999 respectively. (ii) The only other option is insurance agent for which the liability is on the insurance companies on reverse charge mechanism. (iii) Demands under identical circumstances were set aside for earlier periods by the Tribunal vide Final Order No. 40546/2018 dated 26.02.2018 and Final Order No. 41368/2018 dated 16.04.2018. He has prayed for setting aside the impugned order and to allow the appeal wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutory provisions and requirements, for becoming an actuary, we find that appellants have to fulfil requirements mandated in the Insurance Act, 1938 read with the Actuaries Act, 2006. Further from page 29 of the compilation submitted by the Ld. Advocate containing Insurance Regularity and Development Authority (Appointed Actuary) Regulations, 2000, we find that insurer registered to carry on insurance business cannot carry on such business without an appointed actuary. Such actuary has to be, inter alia, a Fellow Member of the Actuarial Society of India, an employee of the life insurer (in case of Life Insurance business or General Insurance business), a person who possesses a Certificate of Practice issued by the Actuarial Society of India ..... X X X X Extracts X X X X X X X X Extracts X X X X
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