11 July 2009
A company registered under service tax doing clearing & forwarding services to their principal. The services are : Receiving, maintaining and dispatching the stocks which are received under consignment basis, to distributors. They are also acting as All India distributor for the same products. i.e buying the stocks from the principal on outright purchase and selling the same adding their margin. The company have engaged statewise CFAs as their sub contractors to serve them.
The Company is getting some amount of commission against their CFA & services and colleting service tax on the commission. The Company is paying commission to their sub contractors for the Consignment sales as well as their own stocks sold. Kindly clarify whether the company can take input of entire service tax charged by their CFAs or only the tax part on Consignment sales commission. But, the product and service involved are same and the principal also same.