2018 (9) TMI 914 - AT - Service Tax

CHA - Liability of Service Tax - Documentation charges, Shipping Bill charges, Miscellaneous Income, Handling Fee etc., received by the appellants - Board s Circular No. 119/12/2009-ST dated 21.12.2009 - Held that - The Circular has clarified that The custom house agents, may be advised to show the service charges as 15% of the such lump sum amount of the bills. Service tax of 5% will be chargeable on the above 15%. Matter remanded back to the adjudicating authority for denovo consideration, based on the guidelines conveyed in the said circular - appeal allowed by way of remand.

Summary

Issues Involved:
Service tax liability computation, Correct quantification of taxable service value, Calculation of service tax rate, Cenvat credit on input services, Application of Board's Circulars, Remand for proper case presentation.

Service Tax Liability Computation:
The appellant, a Customs House Agent (CHA), faced a demand for service tax on various receipts like Documentation charges and Shipping Bill charges. The original authority confirmed the demand with interest and imposed a penalty under Section 78 of the Finance Act. The Commissioner (Appeals) upheld this decision, leading to the appeal before the forum.

Correct Quantification of Taxable Service Value:
During the hearing, the appellant's counsel argued that the value quantified for taxable service in 2004-05 was incorrect and lower than what was stated in the Show Cause Notice (SCN). They also highlighted discrepancies in the calculation of service tax rates for different periods.

Calculation of Service Tax Rate:
The appellant contended that the original authority calculated the service tax liability for the entire period at a single rate, ignoring the varying rates applicable during different time frames. They also mentioned the non-extension of Cenvat credit on input services while computing the service tax liability.

Application of Board's Circulars:
The appellant's counsel referred to Board Circulars to support their arguments. They cited Circular F.No. B 43/1/97-TRU dated 06.06.1997, which specified the value of taxable service as 15% of the lump sum amount charged to clients. Another Circular, No. 119/12/2009-ST dated 21.12.2009, clarified the withdrawal of previous circulars but was deemed inapplicable to the disputed period.

Remand for Proper Case Presentation:
After hearing both sides, the forum found merit in the appellant's contentions regarding the Board's Circular guidelines. Consequently, the matter was remanded back to the adjudicating authority for denovo consideration. This remand allowed the appellant to present their case properly, including additional documents, ensuring a fair opportunity for defense.

This detailed analysis of the judgment highlights the key issues surrounding the service tax liability computation, quantification of taxable service value, application of service tax rates, utilization of Cenvat credit, relevance of Board Circulars, and the decision to remand the case for a more thorough consideration based on the Circular guidelines.