2018 (4) TMI 726 - AT - Service Tax

Customs House Agent Wins Appeal on Taxability of Incentives

M/s Trinity International Forwarders Versus CCE, Jaipur

The Tribunal allowed the appeal of a Customs House Agent regarding the taxability of incentives received from ICD operators and steamer owners. It held ... Business Auxiliary Services/Steamer Agent Services - certain incentives received from ICD operators and steamer owners - other agency income from brokerage of transport and other allied activities - Held that: - neither the original authority nor the appellate authority has examined the arrangement arrived at between the ICD/Shipping Lines and the assessee - Appellants for promotion of business. The only basis on which the tax liability was considered is that, the assessee-Appellants received certain incentives. With regard to incentives received from steamer owner, a reference can be made to the decision of the Tribunal in the case of Indo Lloyd Freight Systems Pvt. Ltd. vs CST, Chennai, [2017 (8) TMI 400 - CESTAT CHENNAI], wherein it was held that, such amount received cannot be formed under the category BAS for ‘tax liability’. Other agency income from brokerage of transport and other allied activities - Held that: - the same cannot be brought under CHA Services, in the absence of any evidence - Neither the original authority nor the appellate authority has examined these issues in detail before confirming the tax liability - Similar is the position with respect to the amounts claimed to be reimbursable expenditure by the assessee-Appellants. Appeal allowed - decided in favor of appellant. Issues:1. Taxability of incentives received from ICD operators and steamer owners.2. Classification of income from brokerage of transport and allied activities.3. Treatment of reimbursable expenditures in taxable value.Issue 1: Taxability of Incentives Received from ICD Operators and Steamer OwnersThe appeal involved a Customs House Agent (CHA) disputing tax liability on incentives received from ICD operators and steamer owners. The Revenue sought to tax these incentives under 'Business Auxiliary Service'/ 'Steamer Agent Service'. However, the Tribunal noted that the authorities did not verify the actual business promotion arrangement between the CHA and the ICD/Shipping Lines. Mere receipt of incentives was not sufficient to establish a promotional relationship. The Tribunal referenced a previous decision to support that incentives from steamer owners do not fall under 'tax liability' categories. Ultimately, the Tribunal held that the lack of factual verification rendered the tax liability decision untenable, and the appeal was allowed.Issue 2: Classification of Income from Brokerage of Transport and Allied ActivitiesThe dispute also involved income from brokerage of transport and other allied activities, which the CHA claimed did not fall under 'CHA Services'. However, the authorities did not thoroughly examine this issue before confirming tax liability. The Tribunal found a lack of evidence to support bringing this income under 'CHA Services', indicating a deficiency in the impugned order on facts and merits. Consequently, the Tribunal set aside the order and allowed the appeal.Issue 3: Treatment of Reimbursable Expenditures in Taxable ValueAnother aspect of the case concerned certain reimbursable expenditures not included in the taxable value by the CHA. The Revenue sought to include these expenditures for taxation. However, similar to the other issues, the authorities did not delve into this matter in detail. The Tribunal found that the impugned order lacked factual and merit-based support, leading to its setting aside and allowing the appeal filed by the CHA.In conclusion, the Tribunal's judgment addressed multiple issues related to the taxability of incentives, income classification, and treatment of expenditures in the context of a Customs House Agent's operations. The decision emphasized the importance of factual verification and detailed examination in determining tax liabilities, ultimately ruling in favor of the CHA by setting aside the impugned order and allowing the appeal.