2005 (4) TMI 344 - AT - Service Tax

Summary

Issues:
1. Determination of whether the respondents are providing services as Clearing and Forwarding Agent.
2. Interpretation of Section 65(25) of the Finance Act, 1994 regarding the definition of Clearing and Forwarding Agent and taxable services.

The judgment involves an appeal against an Order-in-Appeal where the Commissioner (Appeals) held that the respondents, M/s. Chopra Brothers, were not providing services as Clearing and Forwarding Agents. The Revenue contended that the respondents were indeed acting as Clearing and Forwarding Agents. The Assistant Commissioner had initially ruled in favor of the Revenue, stating that the respondents were appointed by the Tea Company and were engaged in activities covered under the definition of Clearing and Forwarding Agent. However, the Commissioner (Appeals) overturned this decision, stating that the respondents were merely acting on behalf of the Tea Company and receiving commissions, thus not qualifying as Clearing and Forwarding Agents.

Upon review, the tribunal analyzed Section 65(25) of the Finance Act, 1994, which defines a Clearing and Forwarding Agent as someone engaged in providing services connected with clearing and forwarding operations. The tribunal noted that the respondents received goods from Tea Companies, stored them, and subsequently sold the tea. This process aligned with the definition of Clearing and Forwarding Agent as per the Act. Consequently, the tribunal held that the respondents, M/s. Chopra Brothers, were liable to pay service tax for the services they provided as Clearing and Forwarding Agents. The tribunal set aside the Order-in-Appeal by the Commissioner (Appeals) and allowed the appeal filed by the Revenue.

In conclusion, the judgment clarifies the scope of services provided by the respondents, emphasizing that their activities fell within the definition of Clearing and Forwarding Agent as outlined in the Finance Act, 1994. The decision highlights the importance of correctly categorizing services to determine tax liabilities accurately in line with statutory provisions.