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Issues involved:
The appeal challenges the classification of services rendered by the appellant as "clearing and forwarding agency services" for the purpose of service tax. Summary: The appellant, M/s. Larsen & Toubro Ltd., Mumbai, was appointed as an agent/distributor by M/s. Larsen & Toubro Komatsu Ltd., Bangalore, to market and sell products manufactured by the latter. The dispute arose when the department classified the services as "clearing and forwarding agency services" and demanded service tax. The Deputy Commissioner confirmed the demands, leading to an appeal by the appellant. The lower appellate authority dismissed the appeal, relying on a previous Tribunal decision. The appellant argued that their activities did not fall under "clearing and forwarding agency services" but rather under Business Auxiliary Service, citing a Tribunal decision in their favor. The appellant contended that their role was limited to marketing, sales promotion, and collecting payments, without handling the goods directly. The Revenue argued that as a distributor, the appellant would have handled goods, thus falling under "clearing and forwarding agency services." The agreement between the parties referred to the appellant as an exclusive agent for marketing equipment and providing product support, with provisions for agency commissions. The Tribunal examined the agreement and found that the appellant was appointed as a marketing agent to promote sales, with no indication of clearing and forwarding functions. Relying on the appellant's own case where a Larger Bench overruled a previous decision, the Tribunal held that procuring purchase orders on a commission basis did not constitute "clearing and forwarding agency services" but rather fell under Business Auxiliary Service. Consequently, the impugned order was set aside, and the appeal was allowed. Separate Judgement: No separate judgment was delivered by the judges in this case.
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