9911796707
TMI Blog2011 (4) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s Whirlpool India Ltd under different heads like service charges for employees, freight for distribution/transportation of goods, loading/unloading of goods, phone expenses, postage and courier, repair and maintenance, printing and stationery, octroi, detention charge, electricity and water, pre-dispatch inspection charges, packing charges, conveyance charges, staff welfare charges, rent and other misc expenses. They were paying service tax only on accounts shown as commission/service charges received from M/s Whirlpool India Ltd. 2. The Appellant was responsible for forwarding of goods as per advice from M/s Whirlpool India. The Appellant was required to arrange transportation of goods. For this purpose, the appellant was paid fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f service tax on transportation charges, inward/outward charges, freight charges, godown rental charges and salary for clerks. On other items, the Commissioner (Appeals) confirmed the tax demanded. Further, he held that penalties imposed under Sections 76, 77 and 78 are not justified and penalties were set aside. 5. The assessee as well as the department are aggrieved by the order of the Commissioner (Appeals). The assessee has filed Appeal No. 652/07 praying that the demands confirmed by the Commissioner (Appeals) should be set aside giving them the full relief. The Department has filed Appeal No. 637/07 and prayed that order in original should be restored. 6. The Advocate for the assessee made initial submission that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d forwarding operations in any manner shall be deemed to be the gross amount of remuneration or commission (by whatever name called) paid to such agent by the client engaging such agent. 9. The Advocate for the assessee relies on various circulars of the Board stated to the effect that reimbursable expenses and out of pocket expenses will not form part of the value on which the service tax will have to be paid. The circular relied upon is reproduced below F.No. B.11/1/2001-TRU 9th July, 2001 5. A point has been raised that the service provider, namely, an actuary, an intermediary or insurance intermediary or an insurance agent is reimbursed certain out of pocket expenses such as traveling expenses, boarding and lodging charg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such agent by the client engaging such agent. 12. The learned DR states that by calling the consideration received by different names, it cannot become a reimbursable expense. In the case of reimbursement under the heading freight charges, he specifically argues that what is charged is not actual freight but some amount in the name of freight and in the circumstances, such charges cannot be excluded from the value of taxable services rendered. It is argued that without engaging clerks and utilizing telephones and having godowns for storing the goods and without paying the loading and unloading charges, the assessee could not have rendered the services at all. These are basic cost elements which have to be incurred for providing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se expenses are separately billed to the client, the expenses will form part of the value of taxable service. However, cost of transportation is on a different footing. Transportation is a service provided by the person operating the vehicles. There is no proof adduced that the appellant had the responsibility to deliver the goods at the door step of the client. In the case of freight revenue also conceded that it can be considered as reimbursable expense so long as actual freight amounts are claimed. So it is ordered that the Appellant shall submit evidence of cost incurred as freight and such actual amounts of freight shall not form part of the value of service rendered by the Appellant. 14. The argument that if value of telephone ..... X X X X Extracts X X X X X X X X Extracts X X X X
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