Service Tax Liability - Valuation - Reimbursements of expenses - ...

April 27, 2024

Case Laws     Service Tax     AT

Service Tax Liability - Valuation - Reimbursements of expenses - Pure Agent - 'Freight Reimbursed' and 'Miscellaneous Expense Reimbursed' - Whether the services provided under two separate agreements (Handling Agent Agreement and Transport Agreement) should be classified independently or merged as a single clearing and forwarding agent service for tax purposes. - The Tribunal concluded that the services rendered under the two agreements were distinct and should not be merged for taxation. They supported the viewpoint that separate contracts dictate separate tax treatments. - It was held that reimbursements labeled as 'Freight Reimbursed' and 'Miscellaneous Expense Reimbursed' should not be taxed under the clearing and forwarding category when they clearly pertain to transportation services taxed under reverse charge mechanism elsewhere.

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