2006 (11) TMI 21 - AT - Service Tax

Demand(Service tax )- Clearing and Forwarding Agent- Alleged that on appellant s activity service tax were liable- After considering the details the decision were made in favour of appellant

Summary

Issues:
1. Whether services provided by the appellant for canvassing and marketing of products are liable to service tax as clearing and forwarding services.

Analysis:
The appellant entered into an agreement with a company for marketing its products and received a fixed amount per month along with a commission for procuring orders. The dispute revolved around whether these services qualified as clearing and forwarding services for tax purposes. The lower authorities upheld the demand for duty and imposed penalties, considering the services akin to clearing and forwarding. However, the appellant argued that they merely canvassed the products and did not physically handle the goods or procure orders during the relevant period.

The appellant contended that they should be classified as commission agents rather than consignment agents. They highlighted a circular by the Board that differentiated between the two roles. A consignment agent deals with physical goods, receiving and dispatching them on the principal's instructions, while a commission agent facilitates sales or purchases on behalf of another party. The appellant's role was more aligned with that of a commission agent, focusing on procuring orders and advancing sales, rather than physically handling the goods.

The Tribunal noted that the lower authorities relied on a previous decision that was later overruled by a Larger Bench. The Larger Bench clarified that merely procuring orders on a commission basis does not qualify as providing services as a clearing and forwarding agent. Based on this precedent, the Tribunal set aside the lower authorities' decision, ruling in favor of the appellant and granting them relief from the tax liability. The judgment emphasized the distinction between commission agents and consignment agents in determining the tax implications of the services provided by the appellant during the relevant period.