2007 (9) TMI 185 - AT - Service Tax

Appellant, consignment agent In view of decision of tribunal in similar case, Consignment Agent cannot be brought within the category of C & F Agent for the purpose of paying Service Tax - following the ratio of the this decision, appeal are allowed.

Summary

Issues:
1. Classification of 'Consignment Agent' under 'Clearing and Forwarding Agent's Service' for Service Tax liability.

Analysis:
The appeal in question stemmed from an Order-in-Appeal confirming a Service Tax liability of Rs. 2,08,283/- along with penalties imposed by the Assistant Commissioner of Central Excise, Bangalore. The Revenue's stance was to categorize the assessee as a 'Clearing and Forwarding Agent' due to receiving commission as a 'Consignment Agent' during 2001-2003. The assessee, however, contested this classification, arguing that the activities of a 'Consignment Agent' do not align with those of a 'Clearing and Forwarding Agent'. Despite the assessee's contentions being rejected by the Original Authority and the Commissioner (A), the learned Counsel highlighted a previous decision (Final Order No. 848/2007) where it was held that a 'Consignment Agent' cannot be equated with a 'C & F Agent'.

The Tribunal noted that the issue at hand had already been addressed in the case of CCE v. Transasia Sales Syndicate, with Final Order No. 848/2007 providing a clear distinction between 'Clearing & Forwarding Agents' and 'Consignment Agents'. The Tribunal emphasized that a 'C & F Agent' primarily arranges the dispatch of goods as per the principal's directions without the right to sell the goods, while a 'Consignment Agent' sells goods and earns a commission. Citing relevant case laws, the Tribunal reaffirmed that a Commission Agent engaged in procuring orders but not entrusted with clearing and forwarding tasks does not fall under the category of 'C & F Agents'. Consequently, the Tribunal upheld the Commissioner (Appeals)' decision, rejecting the Revenue's appeal and allowing the stay application and appeal in the present case based on the established legal principles and precedents.

In conclusion, the Tribunal's detailed analysis and application of legal precedents clarified the distinction between 'Clearing & Forwarding Agents' and 'Consignment Agents', ultimately affirming that a 'Consignment Agent' cannot be classified as a 'C & F Agent' for the purpose of Service Tax liability. The decision provided a clear legal framework for determining the tax liability of agents involved in the handling and sale of goods, ensuring consistency in classification and tax treatment across similar cases.