2016 (10) TMI 1093 - AT - Service Tax

Clearing and Forwarding Agent Services - appellant has entered into contracts with the fertilizer companies for carrying out certain specified activities - Held that - The important feature that distinguishes the C&F Agent Service is that the agent should provide a warehouse for storage of goods to the principal company and to dispatch the goods to the destination as instructed by the principal company. However, in the present case maintain a warehouse for the principal company is not a part of the agreement - the main activity undertaken by the respondent is clearly for transportation of goods by road and other activities such as loading/unloading are incidental to principal activities of transportation - services not covered under the C&F Agent Service - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Whether the activities carried out by the appellant are liable to service tax under the category of 'Clearing and Forwarding Agent Services' (C&F).

Analysis:
The appellant entered into contracts with fertilizer companies for specific activities related to transportation and handling of goods. The department contended that these activities fall under 'C&F Agent Services' and issued a show cause notice demanding service tax. The Additional Commissioner confirmed the demand, but the Commissioner (Appeals) set it aside. The Revenue appealed the decision.

2. Nature of activities carried out by the appellant and their classification.

The Revenue argued that the appellant's activities should be classified as 'C&F Agent Services.' The appellant's position was that they were primarily engaged in transporting goods from railheads to customer premises as instructed by the fertilizer companies. They contended that loading, unloading, stacking, and de-stacking were incidental to the transportation of goods by road to the final destinations, making transportation the essential service provided.

3. Determining the main activity undertaken by the appellant.

The Tribunal observed that the distinguishing feature of 'C&F Agent Services' is the provision of a warehouse for storage and dispatch of goods as per the principal company's instructions. However, in this case, the appellant did not maintain a warehouse for the principal company. The Tribunal concluded that the main activity undertaken by the appellant was the transportation of goods by road, with loading and unloading being ancillary to the transportation service. Therefore, the Tribunal upheld the Commissioner (Appeals) decision and dismissed the Revenue's appeal.