Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2017 (9) TMI 159

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... such as electricity charges, telephone, freight charges, salary etc. are part and parcel of gross value of the C & F Agent Service, hence the same is chargeable to service tax. Penalty - Held that: - Larger Bench in the case of Sri Bhagwati Traders [2011 (8) TMI 430 - CESTAT, BANGALORE], has held that the appellant entertaining bona fide belief is reasonable, therefore they made out a case for .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 3, 2003-04 and 2004-05. However they have not discharged the service tax on such reimbursement. The adjudicating authority confirmed the demand on such reimbursement collected by the appellant from their client. 2. Shri Anshul Jain, Ld. Counsel appearing on behalf of the appellant submits that only services of Clearing and Forwarding Agent service is taxable. The appellant collected reimburseme .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... behalf of the Revenue reiterates the findings of the impugned order. He submits that though there are various contrary decisions on the issue but it came to rest by this Tribunal s Larger Bench judgment in the case of Sri Bhagavathy Traders - 2011 (24) STR 290 (Tribunal). Therefore the reimbursable expenses are nothing but part and parcel of gross value of clearing and forwarding agent service .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates