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2018 (3) TMI 770 - AT - Service TaxRefund of unutilzed CENVAT credit - Management or Business Consultant Service (MBCS) - Business Auxiliary Service (BAS) - Providing Real Estate Advisory Service (REAS) to foreign/ overseas clients in respect of the properties situated in India - whether, the activities of the appellants would come within the purview of MBCS and BAS, as claimed by the appellant; or under the category of REAS, as held by the lower authorities and that whether, the appellants are entitled to get the refund under Rules 5 of the Cenvat Rules, 2004 read with Export of Services Rules, 2005? Held that: - by investing in a company in real estate sector, the investor does not acquire or purchase the real estate property itself - Tribunal in the case of AMP capital Advisors Indian 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 appellants are entitled for the refund benefit - appeal allowed - decided in favor of appellant.
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