On interviewing the management, we noted that MSA recovers transit insurance from the dealers/ distributors at a blanket rate of 0.2% on the tax invoice (which includes VAT on Sale of Goods). On reviewing the transit insurance premium paid a/c (Expense) and the transit insurance received a/c (Income) during the audit period, we observed that MSA is receiving a net income from transit insurance over and above the premium paid for cover taken.
The premium paid on the transit insurance cover amounts 0.0477% as compared to blanket rate recovered which is 2%. Hence MSA is liable to pay service tax on the excess transit insurance recovered from dealer/ distributor as MSA is not covered by the provisions of pure agent. Refer exhibit 1.1 for key highlights