2011 (10) TMI 502 - AT - Service Tax

Customs House Agent Services - Valuation - assessee have collected amounts under a heading Service Charges-Compliance from 100% EOUs and units in STP during the period 2002-03 and 2003-04 - charges were received by the assessee for liaisoning with the Customs department for collection of duty draw back - Held that the work of the CHA relating to the processing of draw back claim in respect of any export consignments starts even before the shipping bill for draw back claim is filed by the choice of entry of Drawback schedule underwhich drawback is claimed - these activities will also fall under CHA services - Decided against the assessee.

Summary

Issues:
Department's appeal against Commissioner (Appeals) order dated 12.05.2006 regarding Service Tax on amounts collected by the respondent under "Service Charges-Compliance" from 100% EOUs and units in STP during 2002-03 and 2003-04.

Analysis:
The case involved the department appealing against the Commissioner (Appeals) order concerning the non-payment of Service Tax by the respondent on amounts collected under "Service Charges-Compliance." The respondent, engaged in providing taxable services as a Customs House Agent (CHA), had not paid Service Tax on the collected amounts. The original authority confirmed the Service Tax, interest, and penalties, which were set aside by the Commissioner (Appeals), leading to the department's appeal.

The department argued that the charges collected by the respondent were for liaisoning with the Customs department for duty drawback collection, falling under CHA services as defined in the Finance Act, 1994. The department relied on Trade Notice No. 39-CE/(Service Tax 39)/97 to support their position.

In response, the respondent's advocate contended that the charges collected were not related to core CHA activities, emphasizing that duty drawback processing occurs after goods export, distinct from CHA's pre-export tasks. It was argued that the Finance Act, 1994, does not reference CHA Licensing Regulations (CHALR) to define CHA services' scope.

Upon careful consideration, the Tribunal found that the respondent's activities did fall under CHA services. The Tribunal highlighted that the CHA's role includes initiating drawback claim processing before goods export, as evidenced by the filing of shipping bills, advising on drawback schedules, and determining drawback eligibility pre-export. The Tribunal disagreed with the Commissioner (Appeals) and upheld that the respondent's activities aligned with CHA services related to exporting goods.

Additionally, the Tribunal noted that the Commissioner (Appeals) had not addressed other issues raised by the respondent in their appeal memorandum. Consequently, the Tribunal set aside the Commissioner (Appeals) findings on merits, upheld the respondent's activities falling under CHA services, and remanded the case for further consideration of the remaining issues raised by the respondent.

In conclusion, the Tribunal disposed of the appeal by setting aside the Commissioner (Appeals) findings on merits, affirming the respondent's activities as falling under CHA services, and directing a fresh consideration of the other issues raised by the respondent.