TMI Blog2018 (3) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. The appellant rendered the services to the overseas client as advisor of the investment opportunities in Indian company, which is clearly covered within the definition of MBCS - Tribunal in the case of AMP Capital Advisors India Pvt. Ltd. Vs. CST, Mumbai [2015 (6) TMI 122 - CESTAT MUMBAI], observed that the appellant providing advisory services to AMP capital, Australia and the service recipient using said advice received for further advising for their customers in India, would qualify for export of service. The activities rendered by the appellant would come within the purview of “MBCS” and the appellant is entitled for the refund benefit - appeal allowed - decided in favor of appellant. - Service Tax Appeal No.ST/50557 /2014 CU [DB], Service Tax Appeal No.ST/ 50291/2014 CU [DB] - Final Order Nos. 51075-51076/2018 - Dated:- 26-3-2018 - S. K. Mohanty, Member (Judicial) And B. Ravichandran, Member (Technical) For the Appellant : Mr.Kishore Kunal, Advocate For the Respondent : Mr.Sanjay Jain, D.R. ORDER Per : S. K. Mohanty These appeals are directed against the impugned order dated 19.09.2013 passed by Commissioner of Central Excise (Appeals), New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d benefit under Rules 5 of the Cenvat Rules, 2004 read with Export of Services Rules, 2005. 5. For the purpose of proper appreciation of the case, the relevant statutory definitions of REAS and MBCS contained in the Finance Act, 1994 are reproduced below:- Section 65(88): real estate agent means a person who is engaged in rendering any service in relation to sale, purchase, leasing or renting, of real estate and includes a real estate consultant; Section 65(89): real estate consultant means a person who renders in any manner, either directly or indirectly, advice, consultancy or technical assistance, in relation to evaluation, conception, design, development, construction, implementation, supervision, maintenance, marketing, acquisition or management, of real estate; Section 65(65): management or business consultant means any person who is engaged in providing any service, either directly or indirectly, in connection with the management of any organisation or business in any manner and includes any person who renders any advice, consultancy or technical assistance, in relation to financial management, human resources management, marketing management, pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of the companies, engaged in the business of real estate and not for investment in real estate. He further submitted that the consideration received by the appellant were for the advise and are not linked to any acquisition of any real estate. Hence, it is contended that the appellant had rendered the services under the category of MBCS. 9. The lower appellate authority observed that the appellant was in fact, assisting its foreign client for making investment in the Indian real estate companies and therefore, such service is confirming to the definition of REAS . Further, it has also been observed that the services were consumed in India and as such, the benefit of Export of service should not be available to the appellant. The lower authorities also observed that the appellant is engaged in rendering the service to the foreign client in relation to evaluation of real estate. After going through the agreement, we are of the view that the appellant rendered the services to the overseas client as advisor of the investment opportunities in Indian company, which is clearly covered within the definition of MBCS. We agree with the submissions of the ld. Counsel that by invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Australia) in Australia. Therefore, the services are used outside India. 6.1 On the identical set of facts, this Tribunal in the following cases have held as under : (i) In the case of Amha Research (India) Pvt. Ltd.: 3. On going through the records and after considering the submissions of both sides, we find that in this case, the appellant is a subsidiary of M/s. Amba Holdings Inc. The refund claim has been denied on the ground that the services have been entirely utilized in India. According to the agreements, we find that the buyer namely M/s. Amba Holdings Inc. is engaged in the business of providing services in investment research, outsourcing of financial analysis and sub-contracting services. It was the submission of the learned Consultant that the services provided by the appellant in the form of studies and submission of reports which are in turn provided by the Amba Holdings Inc. to their customers abroad. It is not the case where the benefits of research are used by the buyer in India as assumed by the lower authorities. 4. On going through the impugned order, we find that there is absolutely no evidence for the conclusions reached by the lower autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the said case, Vodafone provided telecom services in India to international in-bound roamers registered with foreign telecom network operators but located in India at the time of providing of the said services. In that case this Tribunal held that Vodafone rendered the telecom service, in the context of international roaming, the benefit accrued to the foreign telecom service provider, though the actual consumer was in India but in that case it was held that it is a support service. In the instant case, the respondent has provided investment advisory services to GPC who is located outside India and having no office in India. In that case it is held that it is a case of export of service. In the circumstance, the respondent is entitled for the refund claim. Accordingly, I do not find any infirmity with the impugned order and the same is upheld. As the appeals filed by the Revenue Reserves no merit are therefore, dismissed. Stay application is also disposed of in the above terms. 6.2 In view of the above judgments it is found that the services were carried out in India but the recipient is outside India and, therefore, the services provided by Indian entity deemed to be used ..... 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