2014 (1) TMI 505 - AT - Service Tax

Valuation of service - Inclusion of reimbursable expenses in the taxable value of C&F Agent services - Held that - Before the introduction of Service Tax (Determination of Value) Rules, 2006 w.e.f. 19-4-2006, C.B.E. & C. vide Circular No. 341/11/98-TRU dated 23-8-1999 had clarified that only remuneration and commission paid to C&F Agent by the principal is chargeable to Service Tax and not expenses reimbursed by the service recipient - in respect of services rendered by C&F Agents only the commission or remuneration paid to C&F Agent is taxable before the introduction of Service Tax (Determination of Value) Rules, 2006 - a prima facie view has taken that reimbursible expenses could be included in the taxable value of C&F Agent services - prima facie appellant has made out a strong case in their favour for waiver of pre-deposit of the dues adjudged - Stay granted.

Summary

Issues:
Service Tax liability on reimbursable expenses in the case of a Clearing and Forwarding Agent.

Analysis:
The case involved an appeal against an Order-in-Original passed by the Commissioner of Customs and Central Excise, Nagpur, regarding Service Tax liability on reimbursable expenses of a Clearing and Forwarding Agent. The appellant, a warehousing company, had received reimbursements for various charges from service recipients but had not paid Service Tax on those amounts. A show-cause notice was issued to the appellant, demanding payment of Service Tax amounting to Rs. 1,15,916/- along with interest and penalties under the Finance Act, 1994. The jurisdictional Assistant Commissioner initially dropped the proceedings based on a Tribunal's order, but the Commissioner of Central Excise, Nagpur, reviewed and upheld the demand. The appellant challenged this decision before the Appellate Tribunal.

The appellant argued that the reimbursable expenses collected by them should not be included in the taxable value of the services rendered. They relied on various judgments by the Tribunal and the Supreme Court, emphasizing that only commission on Clearing and Forwarding activity is taxable, not the reimbursable expenses. The department, represented by the SDR, supported the Commissioner's decision and cited a Tribunal judgment in a similar case.

The Tribunal analyzed the submissions and legal precedents. It noted that before the introduction of Service Tax (Determination of Value) Rules in 2006, only commission or remuneration paid to Clearing and Forwarding Agents was taxable, not the reimbursed expenses. The Tribunal referred to previous judgments that affirmed this position and clarified that the decision cited by the department in a stay matter did not have precedential value. Consequently, the Tribunal found that the appellant had a strong case for waiver of pre-deposit of the dues adjudged. Therefore, the Tribunal granted a complete waiver from pre-deposit and stayed the recovery of the dues during the appeal's pendency.

In conclusion, the Tribunal disposed of the stay application in favor of the appellant, emphasizing the non-taxability of reimbursable expenses for Clearing and Forwarding Agent services before the introduction of specific rules in 2006.