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2020 (10) TMI 577 - AT - Service TaxClassification of services - Export of service or not - Management, Business Consultancy Services or Real Estate Agent service - appellant is engaged in providing non-binding investment advisory service to SITQ Mauritius Advisory Services and other such entities - export of services in terms of Rule 3(1)(iii) of the Export of Service Rules, 2005 - period from 2007-08 to 2010-11 - HELD THAT:- the appellant renders investment advisory services in relation to investment and not to any particular real estate / project. It is advising in respect of investment in Companies in real estate sector in the form of equity / debt and not in real estate property per se. Further, the advisory services provided by the appellant are not restricted to advising in respect of investments. It is wider in scope and also includes general economic and market conditions, tax environment etc. The appellant also advises on various funding, investment structuring options. The matter is no longer res integra. This matter has already been decided by this Tribunal in party's own case M/S. SITQ INDIA PVT. LTD. VERSUS C.S.T., DELHI [2018 (3) TMI 770 - CESTAT NEW DELHI] where it was held that 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 services provided by the appellant is classifiable under ‘Management, Business Consultancy Services’, and, therefore, the demand of service tax is not sustainable - Appeal allowed - decided in favor of appellant.
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