News Flash
  • The Departmental exam for promotion of Tax Assistants (TA) to the grade of Executive Assistants (EA) in Customs and Central Tax Depts will be held from 16th to 18th September 2019 . The relevant circulars and Syllabus can be viewed through this link. -Click here
  • Notification to extend the date from which the facility of blocking and unblocking on e-way bill facility shall be brought into force till 21.08.2019 issued.
  • Result of examination for gst practitioners held on 14.06.2019 -Click here
  • MPLS service providers are requested to participate and showcase their MPLS network presence & clientele across India in the industry consultation scheduled on 25th June 2019, 3:00 PM at O/o Additional Directorate General (Systems), CBIC, 1st Floor Tower 1 & 2, NBCC Plaza, Saket, New Delhi – 110017
  • The Departmental exam for promotion of Ministerial staff to the grade of Inspectors of Central Taxes and Inspectors of Customs (EOs & POs) will be held from 7th to 9thAugust 2019. The relevant circulars and Syllabus can be viewed through this lin -Click here The dates and schedule for Departmental exam for promotion of Ministerial staff to the grade of Executive Assistants (EAs) will be announced later.
  • Prospective Training Report to be conducted by NACIN and its Zonal Campuses for the month of June -Click here
  • Successful launch today of "CBIC-Sanchar", a digital communication tool for fast and easy communication with the department on the DDM portal. www.cbecddm.gov.in Users are requested to use it actively and give feedback.
  • Training on Prevention of Wildlife Trafficking for Gr-A & Gr-B officers of CBIC at NACIN, Faridabad on 20th & 21st June, 2019 -Click here
  • RESULT OF CUSTOMS BROKER EXAMINATION, 2019 -Click here
  • Change of nomenclature of the post of Superintendent of Central excise working in the Directorate under CBIC as Additional Assistant Director - reg -Click here
  • Updated versions of GST - Concept and Status, and GST - An Update as on 01/06/2019 have been uploaded
  • OM dated 06.06.2019 regarding AISL of Administrative Officers (CGST & Central Excise including Directorates) for the period 01.01.2009 - 30.06.2014Click Here
  • Grant of Commendation Certificate on the occasion of GST Day,2019-regClick Here
  • Advertisement-cum-Schedule in relation to GST Practitioner's Examination, 2019 English ||   Hindi
  • Inviting articles and case studies for the inaugural issue of NACIN JournalClick Here
  • Guidelines for GST Practitioner Exam under Rule 83A(9) issued by NACIN, FaridabadClick Here
  • Draft notification to amend the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 Click Here | Feedback and suggestions be sent to dircus@nic.in or anil.sapra@gov.in, within 30 days i.e by 26.06.2019.
  • ACES PORTAL (www.aces.gov.in) FUNCTIONALITIES ARE MIGRATED TO INTEGRATED CBIC-GST PORTAL.PLEASE VISIT www.cbic-gst.gov.in FOR CENTRAL EXCISE & SERVICE TAX ONLINE TRANSACTIONS.
  • SEPARATE ADVISORIES EXPLAINING STEP-BY-STEP PROCEDURE FOR EXISTING TAXPAYER MIGRATION AND NEW TAX PAYER REGISTRATION ISSUED BY DG SYSTEMS." CLICK "WHAT'S NEW" ON THE HOME PAGE OF www.aces.gov.in.
  • Letter issued for Next Dept. Exam. of Inspectors to be held from 06.08.2019 to 09.08.2019. Please download the same from.www.nacenkanpur.gov.in
  • Examination Notice for Promotion of LDCs to cadre of TAsClick Here
  • Chairman CBIC launched 'Samarth' an e-learning platform on 20.05.2019 developed by DG/System in collaboration with NACIN. For accessing 'Samarth' please visit NACIN website under LMS Tab.
  • Guidelines for GST Practitioner Exam under Rule 83A(9) issued by NACIN, faridabad. Click Here
  • Proposals are invited from eligible Bidders to be appointed as Program Governance and Monitoring Agency (PG&MA) for CBIC’s IT Initiatives. The RFP document can be purchased from the office of DG Systems and Data Management by Bidders who successfully qualified CBIC's EOI dated 28.02.2019 for this project.
  • Scheme for compassionate appointment - relative merit point & revised procedure for selection - regClick Here
  • FAQ on real estate consequent to recent changes in GST rate structure FAQ on Real estate sector    FAQ (Part II) on real estate sector
  • Press Release-cum-Schedule in relation to GST Practitioner's Examination, 2019 on CBIC. English    Hindi
  • Corrigendum to nomination calling letter for course on "Financial Intelligence & Investigations" at IIM, BengaluruClick Here
  • Course on Financial Intelligence and Investigations for officers of CBIC at IIM, Bengaluru from 15th to 26th July, 2019. Click Here Eng
  • Annual Calendar of Departmental Examination for the year 2019-20 Click Here
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