Just a moment...

Top
Help
AI Drafter - (New and Powerful)

TaxTMI AI Drafter workflow from input facts to final legal draft Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2017 (12) TMI 166

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the respondent ORDER Per: B. Ravichandran The appellant is aggrieved by the order dated 16.9.2010 of Commissioner (Appeals-I), Indore. 2. The appellants are engaged in the activity of clearing and forwarding agency work. They have entered into an agreement with various clients. They are discharging service tax on the commission received from their clients. The dispute in the present ap....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....liability of Rs. 16,37,379/- and imposed penalties under Section 77 and 78 of the Finance Act, 1994. 4. The ld. Counsel appearing for the appellant submitted that the agreements entered with the appellant into various clients clearly mentions duties and responsibility of clients as well as appellants. Apart from the commission for their agency works all expenses incurred by them are captured in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... by the clients and not to be considered as payment was C&F agency service. We note in Rajshree Enterprises (supra), the Tribunal has observed as under: "7. The said decision has been followed by the Tribunal in various cases. In Amit Sales vide Final Order No.53149/2016 dated 22.8.2016, the Tribunal observed as below:- "6. Larger Bench of the Tribunal in the case of Sri Bhagavathy Tra....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ervices Agency - 2014 (33) S.T.R. 137 (Mad.), has held if the receipt is for reimbursing the expenditure incurred for the purpose of providing clearing and forwarding agent services, the same will not form part of the value of the services. The Hon'ble High Court of Delhi in the case of Intercontinental Consultants & Technocrats Pvt. Ltd. v. UOI - 2013 (29) S.T.R. 9 (Del.), has also examined the s....