2011 (5) TMI 225 - AT - Service Tax

whether the appellant was liable to remain registered with the department as Clearing and Forwarding Agent (C & F Agent) during the material period - surrender of the Registration Certificate - It was claimed that the appellant s services were not so connected directly or indirectly. In the circumstances, according to the counsel, the appellant cannot be compelled to remain registered with the department as C & F Agent - Held that the intention of the contracting parties in the instance case, as reflected in the recitals of the agreement, was that the appellant should provide handling, clearing and forwarding services to Cipla in respect of the pharmaceutical products of the latter - On these facts, the orders of the lower authorities directing the appellant to maintain their registration as C & F Agent for the material period have to be sustained - Appeal is dismissed

Summary

Issues:
1. Whether the appellant was liable to remain registered as a Clearing and Forwarding Agent (C & F Agent) during the material period.

Analysis:
The appellant had registered with the department for paying Service Tax as a C & F Agent but later sought to surrender the registration, claiming that their activities did not fall under the definition of "Clearing and Forwarding Agent's service." The dispute arose from an agreement with M/s. Cipla, where the appellant argued that they provided services of receiving, storing, and distributing products, not clearing and forwarding. The department rejected the surrender application, leading to an appeal. The appellant's contention was that they were not engaged in providing any service related to clearing and forwarding operations. However, the department maintained that the appellant's activities did fall within the ambit of C & F Agent's service.

The appellant relied on various legal interpretations and precedents to support their argument, emphasizing the specific language used in the agreement with Cipla. The appellant pointed out that they were registered under "storage and warehousing service" with the department for similar activities and had been paying Service Tax accordingly. The appellant argued that the absence of a show-cause notice for recovery of Service Tax under the C & F Agent service further supported their position.

The judgment analyzed the agreement between the parties and the intention of the contracting parties as reflected in the recitals. The key clause appointing the appellant as an agent to receive, store, distribute, and forward products was interpreted to include handling, clearing, and forwarding services. The judgment emphasized that the specific terms of the agreement indicated that the appellant was appointed to provide clearing and forwarding services to Cipla, contrary to the appellant's argument.

The judgment highlighted that each case must be decided based on its factual context and the intention of the contracting parties. Despite the appellant's reliance on legal precedents, the court found that the agreement's terms clearly indicated the appellant's role as a clearing and forwarding agent for Cipla. Therefore, the orders directing the appellant to maintain their registration as a C & F Agent were upheld.

The court deemed the issue of whether a show-cause notice was issued for recovery of Service Tax under the C & F Agent service as extraneous to the main dispute. The appellant's payment of Service Tax under a different category for subsequent periods was considered irrelevant to the substantive issue at hand. Consequently, the appeal was dismissed, affirming the lower authorities' orders for the appellant to retain their registration as a C & F Agent.