2008 (4) TMI 293 - AT - Service Tax

Tribunal rules in favor of appellants, clarifying Service Tax on commission.

The Tribunal ruled in favor of the appellants, setting aside the impugned orders and allowing the appeals. The decision clarified that Service Tax should ... Service Tax payable by the appellants as C/F Agent for the period from April, 2003 to March, 2004 – appellant had received commission, secondary freight charges besides handling charges but not added to the taxable services – issue has been decided in the cases of Sastha Agencies (P.) Ltd; E.V. Mathai & Co; Bhagyanagar Services and other judgments, in favour of assessee - Service Tax has to be charged only on the gross commission received – impugned orders set aside – appeal allowed Issues:1. Taxability of various charges received by the Clearing & Forwarding Agent as part of their services.2. Interpretation of the definition of taxable service provided by a Clearing & Forwarding Agent.3. Applicability of previous judgments to determine the tax liability of the Clearing & Forwarding Agent.Issue 1: Taxability of various charges received by the Clearing & Forwarding AgentThe appeal arose from an order confirming a demand for Service Tax payable by the appellants as Clearing & Forwarding Agents for the period from April 2003 to March 2004. The charges in question included commission, secondary freight charges, and handling charges. The appellant argued that these charges should not be added to the taxable services based on previous judgments. The Revenue contended that all commissions, including handling charges, should be added, justifying the demand.Issue 2: Interpretation of the definition of taxable service provided by a Clearing & Forwarding AgentThe Chartered Accountant for the appellant argued that the value of taxable services provided by a Clearing & Forwarding Agent should be deemed as the gross amount of remuneration or commission paid to the agent by the client engaging their services. They contended that various charges like loading, unloading, freight, and other miscellaneous expenses should not be included in the calculation of remuneration or commission. The appellant maintained that service tax had been correctly paid on the commissions received.Issue 3: Applicability of previous judgments to determine the tax liability of the Clearing & Forwarding AgentThe Tribunal noted that in previous cases such as Shri Sastha Agencies (P.) Ltd, E.V. Mathai & Co, and Bhagyanagar Services, it was established that Service Tax should only be charged on the gross commission received by the Clearing & Forwarding Agent. The Tribunal found that the elements on which the service tax was being imposed were incorrect based on these judgments. Therefore, the impugned orders were set aside, and the appeals were allowed following the precedent set by the cited judgments.In conclusion, the Tribunal ruled in favor of the appellants, setting aside the impugned orders and allowing the appeals based on the established legal principles and interpretations derived from previous judgments. The decision clarified the taxability of various charges received by Clearing & Forwarding Agents and emphasized the importance of correctly interpreting the definition of taxable service provided by such agents to determine their tax liability accurately.