News Flash
  • Compensation Notifications, CGST Rules, 2017 as amended upto 23.04.2019
  • "Outsourcing for photocopying of official documents in office premises" for the OFFICE OF DGGI DELHI ZONAL UNIT, NEW DELHI.Click Here
  • OM dated 24.04.2019 regarding AISL of Superintendents Customs (Pre.) for the period 01.07.2001 to 30.06.2010
  • CGST Rules, 2017 as amended up to 23.04.2019 have been uploaded
  • "One-Day Training on "Inspection, Search, Seizure and Arrest under GST Law" for Group 'A' officers of CBIC on 17th May, 2019 at NACIN, Faridabad"Click Here
  • Suggestion are invited from Industry and Trade Associations for the General Budget 2019-20 .Click Here
  • "Two-Days Training on "Enforcement of Intellectual Property Rights (IPRs)" for officers of CBIC on 29-30 April, 2019 at NACIN, Faridabad" .Click Here
  • Circular for engagement of Consultants in the GST Council Sectt.
  • Circulars clarifying various issues related to GST issued.
  • RoD Order issued for filing an application for revocation of cancellation of registration for specified taxpayers.
  • Notifications issued specifying procedure for quarterly tax payment and annual filing of return for specified taxpayers and bringing into force provisions of rule 138E of the CGST Rules and amending CGST Rules
  • Declaration of ADG, DRI as Head of Department.Click Here
  • Notification to extend the due date for furnishing of returns in FORM GSTR-3B for the Month of March, 2019 to 23.04.2019.
  • Press Release regarding examination for GST Practitioners on 14.06.2019.Click Here
  • Calling of nomination for the Train the Trainer Workshop for Master Trainers on combating illegal trade in HCFCs being conducted by NACIN from 26th to 28th June 2019 at Gangtok, Sikkim.Click Here
  • Due date for furnishing of return in FORM GSTR-3B for the month of March, 2019 extended from 20.04.2019 to 23.04.2019.
  • Training on Intellectual Property Rights at NACIN, Faridabad rescheduled to 29-30 April, 2019. Click Here
  • Last date for receiving applications for the post of Superintendent on deputation extended upto 15.05.2019by NACIN, Kanpur. Letter Download from www.nacenkanpur.gov.in
  • Inventory Check and condition of UPS,Line Printer & Print Servers in field formation - reg Click Here
  • Filling up the posts of Administrative Officer, Tax assistant and lower division clerk in the DGGST, Eastern zonal unit on loan/deputation basis.Click Here
  • Circular on Deputation -Willingness for the Posts of Administrative Officer, Inspector, Personal Secretary (P.S.) & Tax Assistant in the Zonal Campus of National Academy of Customs, Indirect Taxes & Narcotics (NACIN), BhopalClick Here
  • Notification to extend the due dates for furnishing FORM GSTR-1 and GSTR-7 for the month of March 2019 issued
  • Tender Notice for hiring of one operational vehicle for NACIN, ChandigarhClick Here
  • Tender Notice inviting for amc for maintenance of epabx & intercom systemClick Here
  • World Customs Organisation welcomes the establishment of the Indian Customs Cooperation Fund. -click here
  • Updated versions of GST - Concept and Status, and GST - An Update as on 01/04/2019 have been uploaded
  • Circular clarifying issues regarding exercise of option to pay tax under notification No. 2/2019- CT(R) dt 07.03.2019 issued.
  • Tentative Annual Training Calendar of National Academy of Customs, Indirect Taxes & Narcotics, Faridabad for the F.Y. 2019-20Click Here
  • CGST Rules, 2017 as amended up to 01.04.2019 have been uploaded.
  • Shortlist of applicants being called for interview for empanelment of Senior/Junior Standing Counsels. Click Here
  • For new rate of CGST in the real estate (residential unit) notification nos. 3/2019, 4/2019, 5/2019, 6/2019, 7/2019, 8/2019- Central Tax (Rate) and 16/2019 - Central Tax (amendment to CGST rule 42 and 43 refers), all dated 29-03-2019 may be referred.
  • Notification to make Second Amendment (2019) to CGST Rules issued.
  • Written Examination of candidates qualified in swimming test for Marine staff recruitment of Bhubaneswar Customs (Preventive) Commissionerate will be held on 31st March 2019Click Here
  • Details of Nodal Offices of Seva bhoj Yojana (SBY) & e-commerce operators - reg Click Here || Annexure Click Here
  • Circulars clarifying various issues related to GST issued.
  • Draft Seniority List in the grade of Chemical Examiner, Grade-I under CRCL, CBIC - comments from stakeholders invited
  • Notification to extend the due date for furnishing of FORM GST ITC-04 for theperiod July 2017 to March 2019 till 30th June 2019 issued.
  • Marks of Deptt. Exam. for Inspectors of C.EX. held in 04.12.2018 to 07.12.2018 declared. Nodal Officers may download marks-sheet from their dashboard under www.nacenkanpur.gov.in alongwith forwarding letter.
View all

Section 37 B Order No.2/1/2002-ST

F.No.137/04/2002 CX.4
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

24th April, 2002.

37 B Order No.2/1/2002-ST

Subject:- Providing service of storage facility and charging rent for Storage of liquid cargo in tanks - whether liable to service tax as C&F Agents, - regarding.

      In exercise of the powers conferred under Section 37 B of the Central Excise Act, 1994 (as made applicable to Service Tax by Section 83 of the Finance Act,1994), the Central Board of Excise & Customs considers it necessary, for the purposes of uniformity in connection with classification of services, to issue the following instructions.

2.      Doubts have been raised as to whether service of storage facility and charging rent for storage of liquid cargo in tanks, provided by certain agencies, can be considered as a service provided by 'clearing and forwarding agents' or not.

3.      This matter was raised by four such agencies before the Mumbai High Court in Writ Petition Nos.170/2002, 171/2002, 2962/2001 & 2994/2001. The petitions were disposed of by Hon'ble Court with directions to the Central Board of Excise & Customs to pass appropriate speaking clarification and/or, orders after hearing the petitioners.

4.      The agencies were accordingly heard in the matter on 19th March, 2002 and on 3rd April.

5.      Views of DGST and concerned Commissioners of Central Excise have also been obtained.

6.      It is observed that the above agencies are engaged in the activity of providing storage (tanks) facility for liquid cargo which has been imported or is intended for export. They charge rent for storage of liquid cargo deposited with them.

7.      It is observed that, as per Section 65 of Finance Act, 1994 'Clearing & Forwarding Agent' means "any person who is engaged in providing any service, either directly or indirectly connected with the clearing and forwarding operations in any manner to any other persons and includes a consignment Agent". Further, 'taxable service' with respect to C&F Agents means, any service provided to a client by a clearing and forwarding agent in relation to clearing and forwarding operations, in any manner.

8.      The issue is whether the activity/service of providing storage facility and charging rent, for storage of liquid cargo in tanks, can fall under the category of 'Clearing and Forwarding' operations as defined under Section 65 of Finance Act, 1994.

9.      The main point raised by the agencies is that they are not at all rendering any clearing and forwarding services and hence they do not come under the category of clearing and forwarding agents. They simply issue Invoices/Bills to their customers towards storage charges only and for no other charges.

10.      The matter has been examined. Normally, a C&F agent receives goods from the factories or premises of the Principal or his agents, stores these goods, despatches these goods as per orders received from the Principal or owner, arranges transport, etc. for the purpose and prepares invoices on behalf of the Principal. For this service, the C&F agents receives commissions on the basis of agreed terms. Therefore, an essential characteristic of any services, to fall in the category of C&F agent, is that the relationship between the service provider and receiver should be in the nature of principal(owner) and agent. The C&F agent carries out all activities in respect of goods right from stage of their clearances from the premises of the principal to its storage and delivery to the customers.

11.      However, in the cases under consideration, the agencies are providing only storage facility for liquid cargo which has been imported or is intended for export. They charge rent for storage of liquid cargo deposited with them. They are not connected with the vessel bringing the goods and are not concerned with customs formalities. They issue invoices to customers towards storage charges and for no other charges. These agencies are not receiving any commission from the principal but only rental for storage facility, whereas a C&F agent's remuneration is in the form of commission. The transactions between the parties are not transactions between principal and an agent but between principal and principal. These agencies are neither receiving any despatch orders from the owners of the goods, nor are they arranging for the despatch of goods as per their directions by engaging transport, as is done normally by C&F agents. They are also not carrying out any service directly or indirectly in connection with clearing and forwarding operations. Therefore, services rendered by such agencies, in relation to storage of cargo, can not be considered to be in the nature of 'clearing and forwarding' agent and such agencies cannot be considered as "clearing and forwarding agents".

12.      However, under the Finance Bill, 2002 "storage and warehousing services for goods including liquids and gases" is proposed to be made to liable to service tax. Section 65 (87) of the proposed amended Finance Act, 1994, defines "storage and warehousing" to include storage and warehousing services for goods including liquids and gases but does not include any service provided for storage of agricultural produce or any service provided by cold storage. Therefore, as and when these provisions of the Finance Bill come into effect the above types of cases shall be liable to service tax under the head "storage and warehousing".

13.      Suitable Trade notice may be issued for information of trade and field formations.

14.      The receipt of this order may kindly be acknowledged.

15.      Hindi version will follow.

A.K.Prasad
Director (CX.4)
Tel: 3012812
Fax: 3792965