2005 (6) TMI 5 - AT - Service Tax

Clearing and forwarding agent Service tax Service rendered in relation to clearing and forwarding operation in any manner taxable

Summary

Issues:
Appeal against demand of Service Tax; Interpretation of Service Agent Agreement; Classification under "Clearing and Forwarding Agent" definition; Comparison with relevant case laws; Consideration of limitation plea and penalty imposition.

Analysis:
The appeal pertains to a demand of Service Tax against the party for services rendered to M/s. Grasim Industries Ltd. under a Service Agent Agreement. The Commissioner (Appeals) set aside the demand, leading to the present appeal by the Revenue. The agreement outlined various responsibilities, including tax deposit, payment handling, account reconciliation, and maintenance of secrecy. The key contention was whether the services provided fell under the definition of "Clearing and Forwarding Agent" as per Section 65(16) of the Finance Act, 1994.

The dispute centered on whether the services were directly or indirectly connected to clearing and forwarding operations. The Revenue argued that the nature of services and payment mode indicated a connection to the goods of M/s. Grasim Industries Ltd. The Tribunal referred to relevant case laws, notably distinguishing the case of Mahavir Generics and relying on Prabhat Zarda Factory. The latter case involved services related to collecting purchase orders and receiving commissions, deemed connected to clearing and forwarding operations.

Upon careful consideration, the Tribunal found similarities between the case at hand and Prabhat Zarda Factory, indicating a connection to clearing and forwarding operations. The services provided were deemed taxable under the definition of "Clearing and Forwarding Agent." The Tribunal directed a remand to the Commissioner (Appeals) to address the plea of limitation and penalty imposition, ensuring the party's right to be heard. The decision aimed to align with the precedent set by Prabhat Zarda Factory, emphasizing the broader interpretation of services connected to clearing and forwarding operations.

In conclusion, the Tribunal upheld the original authority's decision, emphasizing the applicability of the "Clearing and Forwarding Agent" classification to the services rendered. The remand to the Commissioner (Appeals) aimed to address outstanding issues related to limitation and penalties, ensuring a fair and comprehensive review of the case.