Insurance Agents Win Major Tax Dispute, Securing Exemption on Referral Charges, Training Services, and Incidental Expenses

CESTAT adjudicated a complex service tax dispute involving insurance agents and training services. The tribunal comprehensively ruled in favor of the appellants, determining that: (1) referral charges from corporate agents are not taxable under Business Auxiliary Service; (2) deducted amounts from down-line members are incidental expenses not subject to service tax; (3) in-house training does not constitute Commercial Training and Coaching Centre Service; (4) extended limitation period is inappropriate given the legal interpretation nature of the dispute; and (5) no penalties are imposable when the original duty demand is unsustainable. Consequently, the appellants were absolved of all service tax liabilities across the contested issues, with the appeal being comprehensively allowed. .....

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