...also duties and responsibilities of the Del- credere agents. 8. During the course of assessment proceedings, the A.O. called upon the assessee to justify the payment of Del-credere ag...Corporation Limited. The duties and responsibilities of Del-credere agents has been specified in the Del-credere agents' agreement. The commission has been paid for rendering services in the field of marke...purpose of business. The CIT(A), also proposed to enhance the assessment with regard to disallowance of Del-credere agents commission for the asst. year 2007-08 and 2009-10. The assessee filed its...

...also duties and responsibilities of the Del- credere agents. 8. During the course of assessment proceedings, the A.O. called upon the assessee to justify the payment of Del-credere ag...Corporation Limited. The duties and responsibilities of Del-credere agents has been specified in the Del-credere agents' agreement. The commission has been paid for rendering services in the field of marke...purpose of business. The CIT(A), also proposed to enhance the assessment with regard to disallowance of Del-credere agents commission for the asst. year 2007-08 and 2009-10. The assessee filed its...

...commission and also reimburse expenditure. The said agreements are entered in writing with specifying the terms and conditions and also duties and responsibilities of the Del-credere agents.8. Du...commission based on the total sales achieved by them, which is supported by data collected from M/s. A.P. State Beverage Corporation Limited. The duties and responsibilities of Del-credere agents has been specified in the .... The CIT(A), also proposed to enhance the assessment with regard to disallowance of Del-credere agents commission for the asst. year 2007-08 and 2009-10. The assessee filed its objections for proposed...

...appellant is before us. 3. None appeared for the appellant. In their appeal memorandum, the appellant has stated that they have rendered the service as Del-Credere Agent to M/s Reliance Industries Ltd. and..., the appellant has been appointed as Del-Credere Agent for the purpose of marketing of the products manufactured by M/s Reliance Industries Ltd and the obligation included promoting the sales of the products and also colle...such services. As Del-Credere Agent, they have not dealt with the goods in any way and, therefore, the Service Tax demand by classifying the services rendered...

...except where the recoveries are held up due to poor quality or quantity of the product supplied by them. For the said activity the Del Credere Agent will be getting the agency commission @1.3...% on the net sale proceeds amount of the parties dealt with by the Del Credere Agent. In the bills raised on them, the Del Credere Agent charges service tax paid by them on the amou...of audit of the Appellant, it was noticed by the department that they had availed Cenvat Credit of service tax paid on commission paid to the Del Credere Agent. According to the department the...

...except where the recoveries are held up due to poor quality or quantity of the product supplied by them. For the said activity the Del Credere Agent will be getting the agency commission @1.3...% on the net sale proceeds amount of the parties dealt with by the Del Credere Agent. In the bills raised on them, the Del Credere Agent charges service tax paid by them on the amou...of audit of the Appellant, it was noticed by the department that they had availed Cenvat Credit of service tax paid on commission paid to the Del Credere Agent. According to the department the...

...the credit period from the customers, the appellant as Del Credere Agent was liable to remit sale proceeds along with interest. For the services rendered, a commission @ Rs. 600/- per MT was to be...sides.5.1 From the agreement entered into by the respondent with RIL, it is clear that the respondent has been appointed as Del Credere Agent and has undertaken the functions of a Del.... reported in (Kar.), who were also appointed as Del Credere Agent by RIL and entered into more or less identical agreement as obtaining in the present case. In the said case, the Revenue sought to...

...) * * *(iii) a commission agent, a broker or a del credere agent, or an auctioneer or any other mercantile agent, by whatever name called, who carries...for commission, remuneration or other valuable consideration and includes —(i) * * *(ii...

...'Del Credere Agency Services'. After the Show Cause Notice was issued, the Appellant has pleaded that they were only getting commission amount as Del Credere Agent and submitted that the demand is...submission that they are carrying out only Commission Agent's Services. In the interest of justice, we find that the Appellant should be given an opportunity to produce the required documentary evidence...'Business Auxiliary Services (Commission Agency Services) during the period under dispute. The adjudicating authority will follow the principles of natural justice and decide the issue within 4(four...

...the 1961 Act.23. We would now deal with the point raised by the Department with respect to del credere agents. We have already stated that only in one contract we find that the Indian assessee was treated as a ...for the due performance of their contracts by persons whom he introduces to his principal.” This definition of a del credere agent has been repeated in other text books to which we shall presently refer. In Bowstead On Agen...edition, page 5, it is stated: “An agent for the sale of goods sometimes acts under del credere commission, that is, for a higher reward than is usually given; he becomes responsible to his principal for...

...del credere agent cum commission agent of M/s.Haldia Petrochemicals Limited, who are registered dealers under the TNGST Act, having their registered office in West Bengal. They are manufacturer of...effected any sale of goods and not accounted for the interstate purchases. It was further stated that every commission agent/broker/del credere agent/auctioner or other mercantile agent are requir...and domain over the goods always vested with the petitioner. 15.The petitioner does not deny the fact that they are del credere agent and commission agent of M/s.Haldia Petrochemicals Limited. If...

...agent, a del credere agent, an auctioneer or any other mercantile agent, by whatever name called, and whether of the same description as hereinbefore mentioned or not, who carries on the business of...supplied to his customers in West Bengal from Kanpur. In this connection I may point out that the dealer is a commission agent of the Kanpur Woollen Mills for the State of West Bengal earning a commission...commission agent of the Cawnpore Woollen Mills for the State of West Bengal earning commission on all sales made in West Bengal by the Cawnpore Woollen Mills, Cawnpore. Though the principal is at...

...such businesses; (iii) a factor, a broker, a commission agent or arhati, a del credere agent or an auctioneer, or any other mercantile agent by whatever name called, and whether of the same descri...; (ii) a factor, broker, commission agent, del credere agent or an auctioneer, or any other mercantile agent, who carries on the business of buying, selling, supplying or distributing goods belong.... Explanation (1-B)-The transfer of property involved in the purchase, sale, supply or distribution of goods through a factor, broker, commission agent or arhati, del credere ...

...and any undertaking engaged in the generation or distribution of electrical energy or any other form of power.” The explanation I reads:“A factor, a broker, a commission agent or arhti, a del credere...purchasers on payment of price to the cultivators and the society realises its commission. In case the price is not immediately paid by the purchasers, the society itself pays the price to the...society receives commission and palledari, etc., for the services rendered by it.3. It was contended on behalf of the department that the activities of the society constitute selling agency...

...grounds. On the first issue, he submitted that the appellant is not a mere commission agent. He is actually appointed as a del credere agent as referred to in various clauses of the agreement.... The ld. AR strongly contested the claim of the appellant that they will be covered by the Notification No. 13/2003-ST. The said notification exempts only the services rendered by the commission agent and not by a del ...arrangement with the same principal for sale of liquor etc. The Tribunal examined the scope of the agreement which referred to the appellant as del credere agent. It was concluded that the appellant received ...

...are not commission agents; therefore he said that the del credere agent is a...category of ‘Clearing and Forwarding Agent Service’. There is no dispute that the appellant is a ‘Del Credere Agent’ for M/s. RIL and M/s. IPCL. As per the terms of the ‘Del Credere Agent.... The appellants entered into a ‘del credere agent agreement’ dated 17-8-2002 with M/s. IPCL, a public limited company, and another ‘del credere agent agreement’ with M/s. Reliance India ...

.... 7. Having heard the counsel for the parties, we have to look into the meaning of the Del Credere Agent. In Black s Law Dictionary, 6th Edition, Del Credere Agent means an agree...a del credere commission ) guaranties the solvency of the purchaser and his performance of the contract. Such a factor is called a del credere agent . He...conclusion that the services rendered by the assessee cannot be considered as C & F Agent and the service rendered by the assessee falls under the category Del Credere Agent. Therefore, the assessee is...

...“business auxiliary service” includes within its ambit the services of a ‘commission agent’ and further the Finance Act, 2005 has, w.e.f 16-6-2005, f...Credere Agent’ and ‘Consignment Stockist Agent’ of their Principal M/s. Haldia Petrochemicals Limited, come under the purview of ‘Clearing and Forwarding Operations’. Admittedly, as a del credere ...was also made in the show cause notice. As per the show cause notice the following services are rendered by the appellant in the capacity as a del credere agent and consignment stockist agents of M/s...

...) ... (ii) ... (iii) a commission agent, a broker, a del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the b...commission agent, broker, del credere agent, auctioneer, mercantile agent or any other similar name he adopts in carrying on the said business. It is no one's case that the assessee carried on the...statement of case. The assessee functions as a commission agent within the market yard of Agricultural Produce Market, Sagar. The cultivators bring their produce to the fad of the assessee. Fad, we are...

...to for judgment of this Court are the following: (1) Whether from the transactions in dispute and evidence on record the assessed is merely a del credere or financing commission agent and...merely a financing commission agent and was not a dealer in respect of the charcoal sales and the answer to the second question is in the negative. 7. Costs shall be paid by the State of Madhya Pradesh. Hearing fee ...not. Those transactions related to financing the purchasers and sellers and taking commission and interest from them, in respect of the coal business done by the assessee. The then Sales Tax...