2008 (11) TMI 125 - AT - Service Tax

Tribunal rules in favor of respondents, services not deemed 'Clearing & Forwarding Agent' for tax liability.

The Tribunal ruled in favor of the respondents, determining that their services as Del Credre Agents and distributors did not constitute activities of a ... Services of Del Credre Agents and distributor - demand was confirmed under the head ‘Clearing & Forwarding Agent’ - appellants neither receiving dispatch orders from the principal nor arranging dispatch of goods as per direction of the principal by engaging transport on his own nor preparing invoices on behalf the principal – held that, activities carried out by the appellants does not fall within the ambit of services of ‘Clearing &, Forwarding Agents’ Issues:Interpretation of service tax liability for services provided as Del Credre Agents and distributor of IPCL.Analysis:The case involved a dispute regarding the service tax liability of the respondents who were providing services as Del Credre Agents and distributors of a company. The Revenue contended that the services fell under the category of 'Clearing & Forwarding Agent,' making the assessee liable to pay service tax. However, the Commissioner (Appeals) analyzed the agreements between the respondents and the company, along with relevant trade notices, and concluded that the assessee could not be considered a 'Clearing & Forwarding Agent.' The Commissioner found that the activities did not align with the typical functions of a 'Clearing & Forwarding Agent,' as clarified in a circular by the Board. The Commissioner also referenced precedents where similar activities were not considered within the scope of services provided by a 'Clearing & Forwarding Agent,' thus not attracting service tax liability.The Revenue relied on a previous Tribunal decision in a different case, but the Tribunal noted that this decision had been overruled by a Larger Bench decision. The Tribunal found the decisions cited by the Commissioner (Appeals) to be relevant and favorable to the assessee's position. Consequently, the Tribunal rejected the Revenue's appeal, upholding the order of the Commissioner (Appeals) and ruling in favor of the assessee.In conclusion, the Tribunal's judgment clarified that the services provided by the respondents as Del Credre Agents and distributors did not fall under the category of 'Clearing & Forwarding Agent' for the purpose of service tax liability. The Tribunal relied on the terms of the agreements, relevant circulars, and precedents to determine that the activities did not meet the criteria for taxation as a 'Clearing & Forwarding Agent.' The Tribunal's decision highlighted the importance of specific contractual terms and the nature of services provided in determining service tax liability in such cases.