Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2018 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 1330 - AT - Service TaxRefund of unutilized CENVAT credit - export of services - place of provision of service - Management or Business Consultant Service (MBCS) - rejection on the ground that the appellant was engaged in rendering the service under the category of “Real Estate Advisory Service” (REAS) Whether, the activities of the appellant 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 appellant should be entitled to the refund benefit under Rules 5 of the Cenvat Rules, 2004 read with Export of Services Rules, 2005? Held that: - the appellant’s task was mainly confined to providing of advisory services in respect of investments identified by overseas client and advise it with respect of investment opportunities in the companies, who are engaged in developing the real estate projects - The definition of MBCS includes the service of any person, who renders any advice, consultancy or technical assistance in relation to financial management. 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.
|