Trading of goods services are covered by finance bill 2012 in negative list. Which give rise to following questions i.e. what is included in trading of goods and what is not.
1. Would activities of a commission agent or a clearing and forwarding agent who sells goods on behalf of another for a commission be included in trading of goods?
No. The services provided by commission agent or a clearing and forwarding agent are not in the nature of trading of goods. These are auxiliary for trading of goods. In terms of the provision of clause (1) of section 66F reference to service does not include reference to a service used for providing such service. Moreover the title in the goods never passes on to such agents to come within the ambit of trading of goods.
2. Would future contracts in commodities be covered under trading of goods?
Yes. Futures contracts would be covered under trading of goods as these are contracts which involve transfer of title in goods on a future date at a pre-determined price.
3. Would commodity futures be covered under trading of goods?
Yes. In commodity futures actual delivery of goods does not normally take place and the purchaser under a futures contract normally offsets all obligations or closes out by selling an equal quantity of goods of the same description under another contract for delivery on the same date. There are, therefore, two contracts of sale/purchase involved which would fall in the category of trading of goods.
4. Would auxiliary services relating to future contracts or commodity futures be covered in the negative list entry relating to trading of goods?
No. Such services provided by commodity exchanges clearing houses or agents would not be covered in the negative list entry relating to trading of goods.
