Latest News on ICICI Lombard
Insurers to charge 18% GST on agents’ commission, Input Tax Credit issue
The Indian government’s decision to reduce the Goods and Services Tax (GST) on health insurance premiums from 18% to 0% has had an unintended consequence on the insurance industry. Insurers are now imposing an 18% GST on commissions paid to agents and distributors to offset losses from the withdrawal of input tax credit (ITC). This move has come as a major blow to insurance intermediaries across the country.
The GST cut means that insurers can no longer claim ITC on commissions, rewards, and other corporate expenses such as rent, technology, and manpower. As a result, insurers are passing on the GST cost to agents and distributors, which could squeeze smaller distributors and individual agents. For example, if the commission for a sale is Rs 100, the amount payable will reduce by 18% to Rs 84.74.
Industry experts warn that this new structure could make health insurance distribution less profitable or unviable for many agents, unless companies revise commission structures or offer alternative incentives. While customers may gain marginally from lower premiums, the ripple effects are being felt sharply across the industry. Insurers face higher operating costs, and distributors face lower earnings.
The problem stems from how the GST framework treats exemptions. For a company to claim input tax credit, there must be a GST component on its output. With the health insurance sector’s GST set to nil, insurers lose this offset mechanism, and expenses on rent, IT systems, advertising, outsourcing, and agent commissions will add up as unrecoverable costs.
Several insurance companies, including Aditya Birla Health Insurance, Care Health Insurance, Star Health Insurance, and ICICI Lombard General Insurance, have acknowledged the challenge and are passing on the GST cost to distributors. They have reiterated their commitment to passing on the entire GST benefit to customers, but noted that the exemption benefits customers while simultaneously increasing operational costs for insurers. The companies have stated that they will absorb the impact of GST on expenses, but will pass on the GST on commissions to distributors to maintain equilibrium and protect customer interests.
Bombay High Court’s stay brings GST relief to over a dozen insurers
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.
Bombay High Court stays GST demands on co-insurance premiums.
The Bombay High Court has provided temporary relief to several insurance companies, including ICICI Lombard General Insurance, Aditya Birla Health Insurance, and Tata AIG General Insurance, by staying Goods and Services Tax (GST) demands on co-insurance premium and ceding commission. The court’s decision was based on the argument that the levy was contrary to circulars issued by the Central Board of Indirect Taxes and Customs (CBIC). The insurance companies had approached the court challenging orders passed by GST authorities in Palghar, Maharashtra, confirming the GST demands.
The petitioners, represented by senior advocates Arvind Datar and Rohan Shah, argued that the demands were in violation of CBIC circulars dated October 11, 2024, and January 28, 2025, which were issued pursuant to decisions made by the GST Council. They also pointed out that similar GST demands had been dropped by jurisdictional officers in other cases in Meerut, Delhi, Pune, and Mumbai, following the CBIC circulars. The court was shown an order from one such case to demonstrate the consistent departmental approach elsewhere.
The Directorate General of GST Intelligence had investigated over two dozen insurance companies for allegedly creating shell entities to pay excess commissions and misclassifying expenses to reduce GST liability. The Income Tax Department had also conducted parallel investigations into alleged tax evasion and violations of Insurance Regulatory and Development Authority of India rules. The GST probe focused on alleged fake input tax credit and misclassification of expenses, while the income tax investigation examined suspected tax evasion arising from commission payments in excess of regulatory limits.
The court’s decision has provided much-needed relief to the industry, according to Amit Maheshwari, managing partner at CA firm AKM Global. The court’s intervention highlights the importance of predictable tax administration and consistent field-level implementation. The ad-interim stay will remain in place until the next date of hearing, which is scheduled for after the respondents file their reply affidavits by February 12. The insurance companies will have to wait until then to know the final outcome of their petitions.
Health insurers fuel non-life premium growth due to GST benefits.
The non-life insurance industry in India experienced a significant boost in December, with a 14% year-on-year increase in gross direct premium collections, reaching ₹28,446.82 crore. This growth is the second-strongest monthly expansion in the industry, following a substantial 24.2% jump in November. The main driver behind this surge was the performance of standalone health insurers, which reported a 39% year-on-year rise in premiums, reaching ₹4,260.10 crore. Star Health and Allied Insurance, the largest player, saw its premiums climb 24% to ₹1,712 crore.
The growth in the health segment can be attributed to the government’s decision to exempt GST on individual health insurance policies, making them more affordable and stimulating demand. Public sector general insurers also demonstrated healthy growth, with a 15% increase in gross premium collections to ₹10,126.36 crore. National Insurance reported a 37% surge in premium income to ₹1,520.36 crore. Private players, including ICICI Lombard and HDFC Ergo General Insurance, also contributed significantly to the growth, with a 15% year-on-year increase in gross direct premiums to ₹13,621.42 crore.
The outlook for the non-life insurance industry remains positive, with brokerage firm Emkay Global anticipating continued healthy growth in the December 2025 quarter. The growth is expected to be driven by strength in both the motor and health insurance segments. The retail health segment is poised for robust expansion, directly benefiting from increased affordability following GST exemptions. Additionally, growth in motor insurance is likely to be driven by strong new-vehicle sales, potentially aided by prior GST rate adjustments. Overall, the non-life insurance industry in India is expected to continue its growth momentum, driven by increasing demand for health and motor insurance products. With the government’s support and growing awareness among consumers, the industry is likely to experience sustained growth in the coming months.
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