2016 (8) TMI 107

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....h as per the AO the services provided by the C & F agents were in the nature of 'professional services'? 1.1 By consent of the parties, these appeals are taken up for final hearing and are decided today. 2. Being aggrieved and dissatisfied by the order dated 22.01.2016 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'A' in ITA No. 1542, 1543, 1544 & 1545/Ahd/2013 for A.Y 2009-10, 2010-11, 2011-12 & 2012-13 respectively, these appeals are preferred. 3. The assessee is engaged in the manufacturing business of waste products, edible oil refining, cotton spinning, maize starch and its derivatives. During the course of survey operation, it was found that the company has made sales of various items such as cotton waste, maiz....

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....res that C & F agent provides services from receiving goods from factory to making payment of warfare, demurrage, port charges etc. on behalf of the principal. He submitted that the Tribunal failed to take cognizance of the fact that just something has value of its own does not make it qualified to assume the status of 'by product' and also failed to appreciate the fact that C & F agents require knowledge of Customs Act and other related laws and work being done by them are of highly specialized work which otherwise cannot be done by ordinary contractor. 5. Mr. S.N. Soparkar, learned advocate appearing with Mr. B.S. Soparkar, learned advocate for the assessee submitted that as per Circular No. 715 issued by the CBDT, the position of carr....