2015 (12) TMI 12 - AT - Service Tax

Taxability of amount received from goods auctioned - discharge of all the duties as per Section 150 of the Customs Act, 1962 - storage and warehousing service - Held that - Issue is no more res integra as this bench in the case of Maersk India Pvt. Ltd. vs. CCE & C, Raigad reported in 2012 (11) TMI 612 - Cestat, Mumbai has relied upon the Board s Circular, as well as, the view taken in the case of Mysore Sales International ltd., vs. Asst. CCE & ST, Bangalore reported in 2010 (12) TMI 453 - CESTAT, BANGALORE held in favour of appellant/assessee therein. - facts are being very same in the case involved, we are of the view that the impugned order is not sustainable and the impugned order is liable to set aside - Decided in favour of assessee.

Summary

Issues: Taxability of amount received by Container Freight Station (CFS) on auctioned goods under storage and warehousing category.

Analysis:
1. The appeal challenges the Original Order dated 25/01/2010 passed by the Commissioner of Central Excise, Raigad. The issue revolves around the taxability of an amount retained by the appellant CFS from goods auctioned, which were abandoned by importers. The Revenue contends that service tax liability arises under storage and warehousing for this amount.

2. The Tribunal, after examining the records, notes that the issue has been previously addressed in the case of Maersk India Pvt. Ltd. vs. CCE & C, Raigad. The Tribunal in Maersk's case relied on a Board's Circular and the decision in Mysore Sales International Ltd. vs. Asst. CCE & ST, Bangalore, holding in favor of the appellant. The Maersk judgment clarified that service tax is not leviable on custodians auctioning abandoned cargo when VAT/ST is paid for the cargo.

3. The Tribunal in Maersk's case set aside the Service Tax demands imposed on the appellant for income from the auction of uncleared cargo under Cargo Handling and Storage & Warehousing Services. The Tribunal considered the Board's Circular and previous decisions, waiving the pre-deposit requirement and disposing of the appeal in favor of the appellant.

4. Given the similarity of facts in the present case to the Maersk judgment, the Tribunal concludes that the impugned order is unsustainable. Therefore, the Tribunal sets aside the impugned order and allows the appeal, providing consequential relief if necessary.

5. Consequently, the impugned order is set aside, and the appeal is allowed, aligning with the precedent set in the Maersk case. The decision highlights the non-taxability of amounts retained by CFS from auctioned goods under the storage and warehousing category, following the principles established in previous judgments and circulars.

This comprehensive analysis delves into the legal intricacies surrounding the taxability of amounts received by CFS on auctioned goods, drawing parallels with precedent cases and relevant legal provisions to arrive at a just conclusion.