2007 (3) TMI 64 - AT - Service Tax

Tribunal rules in favor of appellants on service tax exemption for outward freight and expenses

ALATHUR AGENCIES Versus COMMISSIONER OF C. EX. & CUS., CALICUT

The Tribunal ruled in favor of the appellants, determining that service tax on outward freight and reimbursable expenses in clearing and forwarding ... Valuation (Service tax) – Revenue contended that the reimbursable expenses collected by the appellant were added for valuation of service tax – Held that reimbursable expenses not consider for valuation of service tax Issues:1. Service tax on outward freight.2. Applicability of service tax on reimbursable expenses in clearing and forwarding services.3. Time-bar for demanding service tax.Analysis:1. Service tax on outward freight:The appellants were engaged in clearing and forwarding services, discharging service tax under the Finance Act. The Revenue added reimbursable expenses collected by the appellants to the commission for charging service tax on outward freight. However, the Tribunal, citing various precedents, held that service tax is not leviable on these elements. The appellants did not pay these charges as their principals were already discharging them. Therefore, service tax on outward freight was deemed not applicable.2. Applicability of service tax on reimbursable expenses:The issue of whether service tax should be levied on reimbursable expenses in clearing and forwarding services was a key point of contention. The appellants argued that these expenses were typically paid by the parties for whom the services were rendered, and not by the clearing and forwarding agents themselves. The Tribunal, based on previous rulings, agreed with the appellants that service tax on such reimbursable expenses was not warranted. The appellants had declared all relevant details to the department, further supporting their position.3. Time-bar for demanding service tax:The appellants also contended that the demands for service tax were time-barred, as there was no suppression of facts and all information was known to the department. The Show Cause Notice issued in 2005 for the period from 2000 to 2002 was considered to be clearly beyond the permissible time limit. The Tribunal found in favor of the appellants on both the merits of the case and the time-bar issue. Consequently, the stay application and appeal were allowed based on the cited judgments, providing relief to the appellants.In conclusion, the Tribunal's decision clarified the non-applicability of service tax on outward freight and reimbursable expenses in clearing and forwarding services. The ruling also highlighted the importance of adherence to time limits for demanding service tax, ensuring fairness and compliance with legal requirements.