2010 (7) TMI 118 - AT - Service Tax

Clearing and Forwarding Agency Service procurement of orders Held that - matter remanded back to apply the ration of decision of the larger bench in Larsen & Toubro Ltd. Vs. Commissioner of Central Excise, Chennai reported in 2006 -TMI - 460 - Appellate Tribunal, New Delhi

Summary

Issues: Applicability of Service Tax on procuring orders for clients; Submission of written agreement as evidence.

Analysis:
1. Service Tax Liability for Procuring Orders: The appellant contended that they were not liable to pay Service Tax for procuring orders on behalf of M/s Birla Corporation Ltd. and M/s Kanoria Chemical and Industries Ltd. The appellant argued that they did not provide clearing and forwarding agent services for these clients. Reference was made to a decision by the Larger Bench of the Tribunal in Larsen & Toubro Ltd. Vs. Commissioner of Central Excise, Chennai, which supported the appellant's position. The Tribunal, after considering the arguments and the cited decision, agreed with the appellant. It was held that since the activity was limited to procuring orders, no Service Tax was payable. The impugned order was set aside, and the matter was remanded to the original authority for further verification based on the Larger Bench's decision. The appeal was allowed by way of remand, ensuring the appellants would have a fair opportunity to present their case.

2. Submission of Written Agreement: The respondent argued that the appellant had not submitted a copy of the agreement related to the services provided. In response, the appellant clarified that there was no written agreement in place. The absence of a written agreement did not impact the Tribunal's decision regarding the liability for Service Tax on procuring orders. The Tribunal focused on the nature of the activity undertaken by the appellants rather than the presence of a written agreement. The decision was based on the substance of the services provided rather than the formality of a written contract. The Tribunal's ruling emphasized the applicability of Service Tax laws to the actual services rendered, as evidenced by the cited decision of the Larger Bench.

In conclusion, the judgment by the Appellate Tribunal CESTAT, New Delhi, addressed the issues of Service Tax liability for procuring orders and the submission of a written agreement. The decision highlighted the importance of the nature of services provided in determining tax liability, as supported by legal precedents. The Tribunal's ruling provided clarity on the applicability of Service Tax laws in cases involving service procurement activities, emphasizing the need for a thorough examination of the actual services rendered to establish tax obligations accurately.