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2011 (5) TMI 611 - AT - Service TaxManagement Fees(Consulting fees) - Time limitation - Notification: 6/99-ST dated 9th April, 1999 - Held that;- Both the lower authorities have not disputed of this fact that the appellant had conducted market research for the suitability of the parent company's products in South Asian market - It can be seen from the above reproduced substituted definition of 'Management or business consultant", the services rendered in respect of marketing was specifically brought into definition. Both sides could not produce anything to indicate that this definition was with retrospective effect. Both the lower authorities have held and it is the submission the SDR that the proviso to the notification would apply in the appellant's case - The plain reading of the said proviso would indicate that any amount received for the taxable services has to be indicated or shown as repatriated from or sent outside India - It cannot be, by any stretch of imagination, held that the amounts which have been received by the appellant in convertible foreign exchange for the market research conducted for the parent company and indicated in the balance sheet as income are repatriated in form of dividend - Decided in favor of the assessee
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