2008 (7) TMI 153 - AT - Service Tax

Tribunal overturns service tax demand for Clearing & Forwarding Agent services, stresses agreement interpretation

The Tribunal set aside the demand of service tax on the appellants for providing Clearing & Forwarding Agent services, remanding the matter for fresh ... Commissioner (Appeals) in the impugned order relied upon the decision of the Tribunal in the case of Prabhat Zard Factor and demand of service tax was confirmed on the ground that the appellants are providing service of Clearing & Forwarding Agent – Contention of appellant is that now the Larger Bench of the Tribunal in Larsen & Toubro vs. CCE, has over-ruled the decision of Prabhat Zard Factory – contention is accepted - matter is remanded back to the adjudicating authority Issues: Appeal against demand of service tax for providing service of Clearing & Forwarding Agent; Interpretation of agreement terms; Applicability of Tribunal decisions.Analysis:1. Demand of Service Tax: The appellants filed an appeal against the demand of service tax imposed on them for providing the service of a Clearing & Forwarding Agent. The impugned order confirmed this demand based on the nature of services rendered by the appellants.2. Interpretation of Agreement Terms: The contention of the appellants was that they were functioning solely as selling agents on a commission basis and not as clearing and forwarding agents. The revenue, however, argued that as per the agreement terms, the appellants were responsible for collecting payments for goods supplied and ensuring such payments, thereby falling under the scope of clearing and forwarding agents.3. Applicability of Tribunal Decisions: The appellants argued that the impugned order relied on a Tribunal decision in a specific case, which was subsequently overruled by a Larger Bench of the Tribunal in another case. The Tribunal noted that the impugned order was based on the earlier decision, which had been set aside by the Larger Bench. Consequently, the Tribunal set aside the impugned order and remanded the matter back to the adjudicating authority for a fresh decision considering the terms of the agreement and the new Tribunal decision.4. Conclusion: The Tribunal disposed of the appeal by way of remand, emphasizing the need for the adjudicating authority to reevaluate the case in light of the terms and conditions of the agreement and the latest Tribunal decision. The judgment highlighted the importance of aligning decisions with the most recent legal precedents for a fair and accurate adjudication process.