2018 (3) TMI 1389 - AT - Service Tax

C&F Agency service - cold storage charges - Department entertained the view that the cold storage charges should be included in the gross value charged by the appellant for C&F service and the appellant should be liable to pay the Service Tax on such gross amount. Held that - as per the scope of the contract, it is evident that the appellant had only provided the forwarding activities with regard to goods received from the service receiver M/s HLL. Since the appellant had not provided Clearing and Forwarding Services simultaneously, we are of view that the activities undertaken by the appellant, only for forwarding the goods, should not fall under the taxable category of C&F services - Hon ble Punjab & Haryana High Court in the case of Kulcip Medicines (P) Ltd. 2009 (2) TMI 89 - PUNJAB AND HARYANA HIGH COURT has held that if one person has rendered services as Forwarding Agent, without rendering any service as Clearing Agent, he should not be termed as the C&F Agent. The Service Tax demand confirmed in this case, by adding the value of cold storage charges in the gross value of C&F Agent Service cannot be sustained - appeal allowed - decided in favor of appellant.

Summary

Issues:
Service Tax liability on cold storage charges in the context of C&F services.

Analysis:
The case involved an appeal against an order passed by the Commissioner (Appeals), Central Excise, New Delhi, regarding the Service Tax liability on cold storage charges in the context of C&F services provided by the appellant. The appellant, registered with the Service Tax Department, offered C&F services and cold storage facility to a company. The Department contended that cold storage charges should be included in the gross value for C&F services, leading to a Service Tax demand, interest, and penalty. The appellant argued that since they did not provide both clearing and forwarding services simultaneously, only forwarding services should not be taxed under C&F services. They cited a judgment by the Punjab & Haryana High Court to support their stance.

The Tribunal analyzed the agreement between the appellant and the service receiver, finding that the appellant's role commenced after goods were received in the cold storage facility and involved forwarding the goods as per instructions. Since the appellant did not provide both clearing and forwarding services together, the Tribunal held that their activities should not be categorized under taxable C&F services. Referring to the Punjab & Haryana High Court judgment, the Tribunal emphasized that one must render both clearing and forwarding services to be termed a C&F agent. The Tribunal noted that the Supreme Court dismissed the Revenue's Special Leave Petition against the Punjab & Haryana High Court judgment, establishing the legal position on the levy of Service Tax on C&F agent services.

Consequently, the Tribunal found no merit in the impugned order and allowed the appeal in favor of the appellant, setting aside the Service Tax demand on cold storage charges in the context of C&F services. The judgment clarified the legal interpretation of the term "clearing and forwarding agent" and affirmed that providing only forwarding services without clearing services does not fall under the taxable category of C&F services, as established by relevant case law.