2018 (2) TMI 1819 - AT - Service Tax

Cashew Nuts: Agricultural Produce Exemption Decision

MNC Corporation Versus Commissioner of Central Excise and Service Tax, Mangalore

The Tribunal held that cashew nuts fall within the definition of 'Agricultural Produce' under Notification No. 13/2003 ST, entitling commission agents to ... Business Auxiliary Service - service of Commission Agent for export of cashew - exemption under N/N. 13/2003 ST dated 20.06.2003 as amended - scope of ‘agriculture produce’ - Held that:- The definition of ‘agriculture produce’ finding place in the Notification - further, the CBEC clarification No. 143/12/2011-ST dated 26.05.2011 which has explained that the benefit of Notification will be applicable to cashew nut - he benefit of the Notification is extendable to the activity carried out by the appellant - appeal allowed - decided in favor of appellant. Issues:Interpretation of the term 'Agricultural Produce' in Notification No. 13/2003 ST dated 20.06.2003 for exemption from service tax on commission agent services related to cashew export.Analysis:The appeal was filed against Order-in-Appeal No. 154/2008 dated 19.09.2008, where the appellants were accused of not paying service tax on commission received for export of cashew under 'Business Auxiliary Service'. The main contention was the eligibility for exemption under Notification No. 13/2003 ST dated 20.06.2003 as amended. The Revenue argued that cashew nuts were not covered under this exemption. The definition of 'Agricultural Produce' was crucial, as per which it includes products resulting from cultivation or plantation without significant processing, encompassing cereals, pulses, fruits, nuts, and more, but excluding manufactured items like sugar and edible oils.The Chartered Accountant representing the appellants highlighted the definition of 'Agricultural Produce' and referred to CBEC clarification No. 143/12/2011-ST dated 26.05.2011, which specifically mentioned that cashew nuts are covered under the Notification for exemption. After thorough examination of the definition and the clarification, the Tribunal concluded that the benefit of the Notification extends to activities involving cashew nuts. Consequently, the impugned order was set aside, and the appeal was allowed. The judgment was pronounced and dictated in Open Court on 12/02/2018 by the Tribunal consisting of Mr. S.S Garg, Judicial Member, and Mr. V. Padmanabhan, Technical Member.