TaxTMI 
TaxTMI 
2007 (7) TMI 33
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.....of The Service tax Rules, 1994 on the remuneration which, they had been receiving from their principals as acknowledged in the show cause notice itself. The SCN, however, noted that, apart the remuneration, certain charges were also received by the appellants from their principals towards freight, labour, electricity, telephone etc. The SCN alleged that, under Section 67 of the Finance Act, 1994 read with Rule 6(8) of the Service tax Rules, 1994, these charges also required to be added to the taxable value of the service rendered by the appellants as clearing and forwarding agents of their principals. The original authority and the first appellate authority held to the same effect. The appellate authority relied on the Tribunal's decis....
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....bmitted that there was nothing in the relevant agency agreement to in that any such charges formed part of the remuneration/commission payable/paid to the appellants by their principals for the service of clearing and forwarding of excisable goods. Ld. Counsel relies on the Trade Notice No. 87/97 dated 14-7-97 of the Madurai-II Commissionerate, wherein the taxability of commission or remuneration received by a C&F agent from their principal was clarified. Reliance has also been placed on the Tribunal's decision in Sri Sastha Agencies Pvt. Ltd v. Asst. Commissioner, 2007 (6) S.T.R. 185 (Tri.-Bang.), wherein no element other than remuneration received by a C&F agent from their principal was held to be includible in the taxable value of th....