The Bombay High Court has granted a temporary stay on a substantial demand and associated penalties by the Goods and Services Tax (GST) authorities, providing relief to over a dozen insurance companies. The insurance companies, including Aditya Birla Health Insurance, Oriental Insurance, and ICICI Lombard General Insurance, among others, had approached the court challenging the demand raised by the GST authorities, which totaled over Rs 10,000 crore. The court’s stay order brings immediate relief to the insurance companies, which had been facing significant uncertainty due to the GST demands.
The insurance companies had argued that the demand was in contravention of circulars issued by the Central Board of Indirect Taxes and Customs (CBEC) on October 11, 2024, and January 28, 2025, which were issued in pursuance of a decision taken by the GST Council. The companies’ counsel, Senior Advocates Arvind Datar and Rohan Shah, pointed out that in six cases, similar demands had been dropped by jurisdictional officers in Meerut, Delhi, and Pune, and two cases in Mumbai, and argued that the same approach should be adopted in the present case.
The court’s decision is seen as a significant relief for the insurance industry, which had been facing challenges due to the GST demands. The insurance regulator had changed the expense of management guidelines post the tax notices, giving relief to insurers. The GST Council had already recommended a clear position on co-insurance premium and ceding commission, which was subsequently implemented through CBIC circular clarifications. The court’s order reinforces that such circular-based guidance cannot be disregarded in assessment proceedings.
The matter will now be tested on its merits, but the interim protection itself is a meaningful safeguard for the insurance companies facing legacy exposes. The court will hear the matter further on February 18. The temporary stay on the GST demand is expected to provide a significant reprieve to the insurance companies, allowing them to continue their operations without the uncertainty of the substantial tax demand hanging over them.