2005 (11) TMI 17 - AT - Service Tax

Service Tax - Clearing and forwarding agent - Appellants renders services of receiving storing and distributing of the products and do not clear the product from principal s premises such activities do not fall under the category of C&F agent to attract service tax

Summary

Issues:
Appeal against Order-in-Appeal, Service Tax liability of receiving, storing, and distributing pharmaceutical products, Definition of Clearing and Forwarding Agents, Interpretation of Agreement between parties, Applicability of relevant case laws.

Analysis:
The appeal was filed against Order-in-Appeal No. 662/2002-CE, challenging the Service Tax liability imposed on the appellant for receiving, storing, and distributing pharmaceutical products. The appellant, appointed as an agent by a pharmaceutical manufacturer, argued that they do not engage in clearing operations and should not be categorized as Clearing and Forwarding Agents for service tax purposes. The appellant cited the definitions of Clearing & Forwarding Agents from standard dictionaries and referred to the Agreement between them and the manufacturer to support their position. Additionally, the appellant relied on various case laws to strengthen their argument, emphasizing that only those involved in clearing operations are liable for service tax under the relevant provisions.

The Revenue, represented by the learned SDR, reiterated the Order-in-Appeal, maintaining the position that the appellant should be classified as Clearing and Forwarding Agents for service tax assessment. However, upon careful examination of the case records, the Tribunal analyzed the Agreement between the parties. The Tribunal noted that the appellants were appointed to receive, store, and distribute products as directed by the manufacturer, without engaging in clearing activities. Referring to a Board's Circular and previous case laws, the Tribunal highlighted that Clearing and Forwarding Agents are involved in activities from clearance to delivery to customers, which the appellants were not undertaking. The Tribunal cited precedents where similar situations were considered, and it was established that not engaging in clearing activities exempts entities from being categorized as Clearing and Forwarding Agents for service tax purposes.

In conclusion, the Tribunal allowed the appeal, ruling in favor of the appellants based on the analysis of the Agreement, definitions, and relevant case laws. The Tribunal emphasized that since the appellants were not involved in clearing activities as defined for Clearing and Forwarding Agents, they were not liable for service tax under that category. The decision was pronounced in open court at the conclusion of the hearing.