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TMI Blog2016 (12) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... 010-ST [SM] - -Final Order No. 55719-55721/2016 - Dated:- 1-11-2016 - Mr. S. K. Mohanty, Member (Judicial) For the Appellant : Shri Vijayan Khongal For the Respondent : Shri.R.K. Mishra, A.R. ORDER Per S. K. Mohanty Brief facts of the case are that the appellant is engaged in the manufacture of grey fabrics and for the said purpose, imported yarn from Nepal. The supplier of Nepal has raised 2 Nos. of invoices indicating the cost of goods and for other charges including the freight amount for transportation of goods from Nepal to the appellants premises. The Department was of the view that the appellant is liable to pay service tax on the transportation charges under reverse charge mechanism. The adjudication order p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : However, on going through the records, I find that there is no evidence showing that the appellants had instructed the Nepalese suppliers to engage the transporters on their behalf. From the record of the case, it is seen that it is Nepalese suppliers who had engaged the transporters and billed the appellants for value of the goods and also the transport expenses from Nepal border to their factory premises, which were paid by the appellants. I find that the Commissioner (Appeals) in the finding portion of the impugned order has observed that although initially freight/transportation charges had been paid by the consignors (yarn supplier situated in Nepal) on behalf of the consignees (the appellants), but because so paid transportati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uppliers is the contract for supply of the goods i.e. yarn and not any particular service; arranging the transport of the goods within the Nepal and from Nepal border to the appellants factory premises by the Nepalese suppliers is an activity incidental to supply of the goods, for which the Nepalese suppliers had engaged transporters. There is no evidence produced to show that Nepalese suppliers had acted as the agents of the appellants for arranging transportation from Nepal border to the factory premises of the appellants. Just because the Nepalese suppliers had billed the appellants separately for transportation from Nepal border to factory premises alongwith other expenses, they do not become the agents of the appellants. In view of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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