2009 (11) TMI 104 - HC - Service Tax

C/F Agent service - Appellant appointed as consignment agent by principal as per agreement appellant authorized by principal to appoint stockists/dealers/distributors on its behalf - it is not a mere case of commission agent but, on the other hand it is the responsibility fixed on the assessee to carry out the activity of getting the goods stored by clearing it and then forwarding it to the stockists and dealers appellant is covered under C & F Agent Service - In certain circumstances there may be a situation where only commission agency work is carried out and in a situation as is existing in the present case the assessee may also indulge or carry on with not only with the work of commission agent but also with the clearing and forwarding as a Consignment Agent and thus both these activities might overlap and on account of such overlap it cannot be said that the assessee would fall only under the category of commission agent and claim to distance himself from coming within the ambit and purview of clearing and forwarding agent. Coverage under definition depends on nature and activity Word include mentioned in definition clause indicating legislative intention to give extended and enlarged meaning Appeal is allowed

Issues Involved:
1. Classification of services rendered by the assessee: Whether the assessee's services fall under the category of Clearing and Forwarding Agent (C & F Agent) or Commission Agent.

Issue-wise Detailed Analysis:

1. Classification of Services Rendered by the Assessee:

Background and Facts:
The assessee was registered as a Clearing and Forwarding Agent under the service tax. They sought to surrender their registration, claiming their activities did not fall under this category. The jurisdictional authority, however, concluded that the assessee's activities were taxable under the C & F Agent category. This decision was upheld by the Commissioner of Central Excise (Appeals). The assessee appealed to the CESTAT, which ruled in their favor, stating their activities did not fall within the purview of a C & F Agent. The revenue then appealed to the High Court.

Revenue's Contentions:
The revenue argued that the Tribunal erred in interpreting the definition of "C & F Agent" using dictionary meanings instead of the statutory language. They contended that the Tribunal should have adhered to the statutory definition provided in Section 65(25) of the Finance Act, which includes consignment agents within the definition of C & F Agents. The revenue supported their argument with precedents, emphasizing that the statutory language should prevail over dictionary meanings.

Assessee's Contentions:
The assessee argued that their activities were akin to those of a Commission Agent, as defined under Section 2(19)(a) of the Finance Act. They relied on the Tribunal's Larger Bench decision in Larsen and Toubro v. Commissioner of Central Excise, Chennai, which was affirmed by the Punjab & Haryana High Court. They also pointed to a similar case involving Cipla Ltd. in Punjab, where the High Court ruled that the activities were those of a Commission Agent.

Agreement Analysis:
The High Court examined the agreement between the assessee and Cipla Ltd. The agreement appointed the assessee as a "Consignment Agent" and detailed their responsibilities, including storing goods, selling them at prices fixed by the principal, and appointing stockists/dealers. The agreement also specified that the assessee would receive a commission for their efforts.

Statutory Definitions:
The court referred to the definitions provided in the Finance Act:
- Clearing & Forwarding Agent: A person engaged in providing services related to clearing and forwarding operations, including consignment agents.
- Commission Agent: A person acting on behalf of another, causing the sale or purchase of goods or services for consideration.

Court's Findings:
The court found that the assessee's activities extended beyond those of a mere Commission Agent. The agreement indicated that the assessee was involved in clearing and forwarding operations, including storing goods and appointing stockists. The court noted that the statutory definition of a C & F Agent included consignment agents, and the assessee's activities fell within this definition.

Judgment:
The court held that the assessee's services fell within the category of "clearing and forwarding agent" and were therefore taxable. The Tribunal's order was set aside, and the original authority's order was confirmed.

Order:
The substantial question of law was answered in favor of the appellant-revenue and against the assessee. The Tribunal's order was set aside, and the original authority's order was confirmed. No costs were awarded.