2009 (11) TMI 125 - HC - Service Tax

Clearing and forwarding agent Services sale of goods M/s Amitdeep Mtors are authorized dealer of M/s Maruti Udyog Ltd. M/s. Amitdeep Motors in the case of sale of vehicle to Govt. Agencies received commission from M/s. Maruti Udyog Ltd. for sourcing orders for them to the Govt. Agencies and also for receiving the vehicles from them and delivering the same to the Govt. Agencies. The above service was sought to be taxed by the department and according to him it falls under the category of Clearing and Forwarding Agent services. In this case Allahabad High Court held that The main work of the respondent is to sell the cars and if, in that connection the respondent has done some thing, it cannot be said that the respondent is Clearing and Forwarding Agent . Substantial question of law not arise, the appeal is dismissed.

Summary

Issues:
Identification of services provided by an agent under C&F operations for taxation under the Finance Act 1994.

Analysis:
The case involved an appeal under Section 35-G of the Central Excise Act against an order regarding the taxation of services provided by an agent in the context of "Clearing and Forwarding Agent" services. The appellant, an authorized dealer of a vehicle manufacturer, received commission for sourcing orders from Government Agencies and delivering vehicles to them. The department sought to tax this service as falling under the category of "Clearing and Forwarding Agent" services. The matter was brought before the Customs, Excise & Service Tax Appellate Tribunal, which ruled that the appellant did not fall under this category.

In the memo of appeal, questions of law were raised regarding whether the services provided by the agent, such as arranging documentary requirements, liaising with customers, and delivering vehicles, fell under the definition of C&F Operations. The department argued that the appellant qualified as a "Clearing and Forwarding Agent" based on the taxable service definition in the Finance Act 1994.

However, the High Court, after considering the submissions, disagreed with the department's stance. The Court noted that the appellant was primarily engaged in selling cars as an authorized dealer and that any additional services provided in that capacity did not classify them as a "Clearing and Forwarding Agent" under the relevant provisions. Consequently, the Court concluded that no substantial question of law was involved in the appeal and dismissed it summarily.