2014 (8) TMI 511

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....llant. Shri Hariharan, Commissioner (AR), for the Respondent. ORDER Heard both sides on the stay petition. 2.1 The appellants are canalizing agent and they have exported iron ore procured from M/s. NMDC Ltd. The nature of activities between MMTC and NMDC, in the words of the Adjudicating Authority, are as follows :- "All the exports are done in the name of MMTC and the export p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of commission received by them and for this purpose, she has relied on the record of minutes dated 14-8-2001 of the Committee of Secretaries wherein the appellants were described as a canalizing agent and the 3% amount was treated as commission. On this ground, the Commissioner has held that the amount retained by the appellants is consideration towards 'Business Auxiliary Service (BAS)" rendered....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ner (AR) reiterates the findings of the Adjudicating Authority. 5. We have carefully considered the submissions from both sides and perused the records. Notwithstanding the claim by the appellants to be a canalizing agent, the transactions between NMDC and the appellants are in the nature of purchase and sale as duly recorded by the Commissioner. This is also the view held by the Sales Tax....