2014 (10) TMI 412 - AT - Service Tax

Steamer Agent Service - Customers approach the applicant for transportation of their goods by sea to destinations not served by M/s. Yang Ming Ltd - Held that - In the case of Chakiat Agencies Pvt. Ltd. (2010 (3) TMI 398 - CESTAT, BANGALORE) the appellant therein approached another shipping line and which allowed them to carry their cargo and paid them for the services rendered by appellants, which is not the case, in the present appeal - any evidence on record in this case to show that the services were rendered to a shipping line and payment was received from shipping line. That being the case, prima facie, the demand under the head for steamer agent s service is not maintainable - Decided in favour of Assessee.

Summary

Issues:
1. Whether the differential amounts billed by the applicant over and above the amounts billed by other steamer agents are subject to Service Tax under the head of Steamer Agent Service.
2. Whether the demand for Service Tax not paid during a specific period is maintainable.

Analysis:
1. The applicant, a steamer agent for a shipping line, was paying service tax on services rendered to the said shipping line, but customers seeking transport to countries not serviced by the shipping line approached the applicant for sea transportation. The department sought to charge Service Tax on the differential amounts billed by the applicant over and above what other steamer agents billed for space booked by customers. The Tribunal considered the definition of Steamer Agent Service under Section 65(105)(i) and noted that the impugned receipts were not in respect of services rendered to shipping lines. The Tribunal found no evidence to show that the services were rendered to a shipping line and payment was received from a shipping line, leading to the conclusion that the demand for Service Tax under the head of steamer agent's service was not maintainable. The stay applications were allowed based on this analysis.

2. The learned counsel for the applicant argued that the demand for Service Tax was not maintainable as the impugned receipts were not in respect of services rendered to shipping lines, as required under the category of Steamer Agent Service. The Revenue relied on a previous Tribunal decision but the applicant distinguished the case cited by pointing out differences in the circumstances. The Tribunal, after considering the arguments from both sides, found that there was no evidence on record to support the claim that the services were rendered to a shipping line and payment was received from a shipping line. Consequently, the Tribunal allowed both stay applications, emphasizing the lack of evidence to support the demand for Service Tax under the head of steamer agent's service.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, relevant legal provisions, and the Tribunal's reasoning leading to the decision to allow the stay applications.