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TMI Blog2017 (12) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of Sri Sastha Agencies Pvt Ltd., Vs. Asst. Commissioner [2006(11)TMI 193- CESTAT, BANGALORE], relied upon, wherein it is held that no element other than remuneration received by a Clearing & Forwarding agent from their principal was to be included in the taxable value of the service. Matter remanded to the original authority to examine the supporting evidence with reference to all the contracts entered into by the appellants during the course of their service as C&F agents - appeal allowed by way of remand. - ST/1841/2010-DB - ST/A/57396/2017-CU[DB] - Dated:- 23-10-2017 - Mr. S.K. Mohanty, Member (Judicial) And Mr. B. Ravichandran, Member (Technical) Ms. Priyanka Goel, Advocate - for the appellant Shri Ranjan Khanna, D. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lients as well as appellants. Apart from the commission for their agency works all expenses incurred by them are captured in their accounts and are reimbursed by the clients. These are on actual basis and are not to be taxed as C F agency service. Reliance was placed on the decision in Rajshree Enterprises Vs. CCE, Jaipur-I - 2017 (4) TMI-39 CESTAT-New Delhi. 5. The ld. AR for the Revenue contested the appeal on the ground that reimbursement nature of the expenditure requires verification. There are multiple contracts with various clients and as such the facts need verification. The fulfilment of condition of actual expense and reimbursement also requires re-verification. 6. Upon hearing both the sides and perusal of records, we n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for the purpose of providing clearing and forwarding agent services, the same will not form part of the value of the services. The Hon ble High Court of Delhi in the case of Intercontinental Consultants Technocrats Pvt. Ltd. v. UOI - 2013 (29) S.T.R. 9 (Del.), has also examined the said issue and has held in favour of the assessee. Tribunal in the case of Pinnacle Shares Registry Pvt. Ltd. v. CST, Ahmedabad - 2015 (40 ) S.T.R . 194 (Tri.-Ahmd.), by following the said two decisions of the Hon ble High Court of Delhi as also Hon ble Madras High Court has held that reimbursable expenses cannot be added in the assessable value of the C F services. 7. In view of the above settled legal position, we hold that reimbursable expenditure ..... X X X X Extracts X X X X X X X X Extracts X X X X
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