2008 (5) TMI 158 - AT - Service Tax

C/F Agent - appellant submits that amount received by them for handling of goods from the principal is not includible in the taxable value - Larger Bench of the Tribunal held that isolated activity of freight forwarding is also covered under C&F Operations and is taxable hence amount received by the applicant for handling the goods is taxable applicant already deposited a sum of Rs. one lakh. So, the applicant is directed to deposit further a sum of Rs. one lakh

Summary

Issues:
1. Application for waiver of pre-deposit of tax and penalties.
2. Taxability of amount received for handling goods in Clearing and Forwarding Agency services.
3. Bar of limitation on tax demand for the years 2000-2001 to 2004-2005.
4. Conflict in Tribunal decisions regarding taxability of isolated activity of freight forwarding.

Analysis:
The applicant filed an application seeking waiver of pre-deposit of tax and penalties amounting to Rs. 6,59,788/-, arguing that the tax demanded on the amount received for handling goods from the principal in the Clearing and Forwarding Agency services is not includible in the taxable value. The applicant relied on Tribunal decisions in support of their contention and claimed that the demand of tax for certain years was barred by limitation. The applicant had already deposited a sum of Rs. one lakh.

The Departmental Representative (DR) supported the findings of the Commissioner (Appeals) and cited a Tribunal decision where the issue was decided in favor of the Revenue. The DR argued that the amount received by the applicant for handling goods is taxable based on the Tribunal's decision regarding the taxability of isolated activity of freight forwarding.

Upon considering the submissions from both sides and reviewing the records, the Tribunal noted the conflicting decisions within the Tribunal itself. The Larger Bench of the Tribunal had held that the isolated activity of freight forwarding is covered under Clearing and Forwarding Operations and is taxable. The Tribunal directed the applicant to deposit a further sum of Rs. one lakh within six weeks, in addition to the amount already deposited. Upon compliance with this directive, the pre-deposit of the balance amount of tax and penalties was waived until the appeal's disposal. The issue of limitation on the tax demand was to be examined during the appeal hearing, indicating that the matter was not conclusively settled at this stage.

In conclusion, the Tribunal's decision balanced the interests of both parties by requiring a partial deposit while waiving the remaining amount pending the appeal's outcome. The conflicting Tribunal decisions highlighted the complexity of the legal issue at hand, indicating the need for further deliberation during the appeal process.