2006 (11) TMI 87 - AT - Service Tax

Clearing and Forwarding Agent Revenue contended that appellant activity were covered under Clearing and Forwarding Agents Authority declared that appellant activity is only promoting sales of computer through overseas buyers

Summary

Issues:
1. Whether the appellants' activities can be classified as that of a 'Clearing and Forwarding Agent' under the Finance Act, 1994.

Analysis:
The appellants were engaged in marketing and promotional activities, which included earning commission income from overseas business transactions related to the sale of computers. The Revenue, after auditing their balance sheets, categorized them as 'Clearing and Forwarding Agents'. The appellants disputed this classification, asserting that their business solely focused on promoting computer sales to overseas buyers, not acting as 'Clearing and Forwarding Agents'.

The learned Counsel referenced a previous case before the Larger Bench of the Tribunal involving Larsen & Tourbo Ltd. v. CCE, Chennai, where it was established that promoting sales in India does not fall under the category of 'C & F Agent' services. The Counsel argued that this precedent was directly applicable to the current case, supporting the appellants' position.

In contrast, the learned JDR reiterated the departmental view without providing any new arguments or legal grounds to support the Revenue's classification of the appellants' activities.

Upon careful consideration, the Tribunal found that the appellants' operations did not align with the definition of a 'Clearing and Forwarding Agent' as outlined in the Finance Act, 1994. The Tribunal concurred with the Larger Bench's interpretation that promoting sales, whether in India or abroad, does not fall under the scope of 'C & F Agent' services. Consequently, the Tribunal set aside the impugned order and allowed the appeal, granting any consequential relief deemed appropriate.

Overall, the judgment clarified the distinction between promotional activities and the role of a 'Clearing and Forwarding Agent', emphasizing that the former does not fall within the statutory definition of the latter under the Finance Act, 1994.