TMI Blog2006 (2) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... o Notification No. 59/98-ST, dated 16-10-1998 by Notification No. 15/2002-ST, dated 1-8-2002 is retrospective or not. The appellants had been providing taxable services listed as (i) to (xi) in the exclusionary part of Exemption Notification No. 59/98-ST ibid :- "(i) accounting and auditing; or (ii) cost accounting and cost auditing; or (iii) secretarial auditing; or (iv) verification of declarations in prescribed forms of compliances for obtaining a certificate of commencement of business or commencement of other business under section 149 of the Companies Act, 1956 (1 of 1956); or (v) signing of the annual return of listed companies under section 161 of the Companies Act (1 of 1956); or (vi) certification t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is professional capacity) to a client, other than the afore-listed services. The amending Notification added the following Explanation (along with Illustration) to the above Notification: "Explanation. - Nothing contained in this notification shall apply to the services provided by the practising chartered accountant, a practising company secretary or a practising cost accountant which may fall in any other taxable services as defined in clause (90) of section 65 of the said Act. Illustration. - The service provided by a practising chartered accountant, a practising company secretary or a practising cost accountant in connection with the management of any organization in any manner or recruitment of manpower in any manner shall be deeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is couched in a different language. Prima facie, it purports to add to the tax liability of a PCA, Practising Company Secretary and Practising Cost Accountant, by providing that the exemption under Notification No. 59/98-ST would not be applicable to services provided by these professionals, which may fall in any other taxable services defined in Clause (90) of Section 65 of the Finance Act, 1994. The legislative intent is amply clear. Prima facie, taxable services under Clause 90 of Section 65 of the Act were sought to be excluded from the scope of exemption. Notification No. 59/98-ST, on its face, did not include "Management Consultant's service" in the list of 'taxable services' of PCAs. Hence for the period of dispute, apparently, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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