TMI Blog2014 (6) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... and therefore, no returns or documents were filed. There was no reason for the respondents not to take the registration. Facts were suppressed from the department. In view of these facts, we find that the conditions stipulated under the proviso to Sec. 73(1) of the Finance Act, 1994 are fulfilled and we therefore hold that the extended period of limitation has been correctly invoked. In view of the said position, penalty under Sec.78 is imposable. We, accordingly, imposed penalty under Section 78, equal to the duty amount. Penalty under Sec.76 as per the provisions existing at that point of time would be leviable. Similarly, penalty under Sec.77 would also be leviable - Decided in favor of Revenue. - Appeal No. ST/192/08-Mum - Final Order No. A/701/2014-WZB/C-I(CSTB) - Dated:- 30-4-2014 - S S Kang and P K Jain, JJ. For the Appellant : Shri S.Dewalwar, Addl. Commr (A.R.) For the Respondent : Shri S.S. Gupta, C.A. JUDGEMENT Per: P K Jain; The respondent is a group company of Zee Telefilms Ltd., Essel Propack Ltd. and Pan India Infravest Network Pvt. Ltd. The respondent was created and working as a central hub for all the group companies in connection with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) Co-ordination on various issues for negotiation of the contract; ii) Co-ordination on various issues involved in setting up WOS in USA iii) Co-ordination on various issues on P G project evaluation and options for funding; iv) Support on media release of result and getting press coverage; v) Co-ordination and support on drafting of Chairman's statement, Directors Report, Management report and issues relating to AGM; vi) Support on media release of result and getting press covered co-ordination on various issues involved in acquisition of additional Equity shares of Beri Essel. And vii) Co-ordination on various issues involved in getting additional working capital loan of Rs.7 cr. From SBI. III. Pan India Infravest Network Pvt. Ltd.: i) Co-ordinating for fund requirement with Standard Chartered Bank for Term, load and other UC facilities to the tune of Rs.68 Crore; ii) Liaise and co-ordinating on Capital Structuring and fund management from time to time; iii) Ensuring compliance and Advising on Central Sales Tax State Sales Tax matters from time to time iv) Ensuring compliance and Advising on C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nagement consultancy services. Further, the ld. consultant quoted the following judgments to support his contention that the services provided by them cannot be considered as management consultancy services:- 1. Basti Sugar Mills Co. Ltd. - 2007 (7) STR 431 (Tri-Del.) 2. Basti Sugar Mills Co. Ltd. - 2012 (25) STR J154 (S.C) 3. Futura Polysteres Ltd. - 2011 (24) STR 751 (Tri-Chen) 4. Bharti Televentures Ltd. 2013 (30) STR 148 (Tri-Del) 5. Sundaram Finance Ltd. - 2007 (7) STR 55 (Tri-Chen.) 6. BSR CO - 2013(30) STR 242 (Tri-Del) 7. Ernst Young Pvt. Ltd. 2012 (27) STR 462 (Tri-Del) 8. Glaxo Smithkline Pharmaceuticals Ltd. 2006 (3) STR 711 (Tri-Mum) 9. Circular No. 1/1/01 ST- Sec.37B) dated 27 th June 2001 10. Statutory Definition of Public Relation Services and Leal Services 11. United Telecom Ltd.- 2011 (23) STR 571 (Tri-Bang) 12. Brindavan Beverages (P) Ltd. - 2007 (213) ELT 487 (S.C.) 13. Shyam Enterprises - 2011 (23) STR 29 (Tri-Del.) 14. Hindustan Ferodo Ltd. - 1997 (89) ELT 16 (S.C.) 15. Sharma Chemical Work 2003 (154) ELT 328 (S.C.) 5. The Ld. Commissioner (A.R.) on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... management consultant is defined as any person who is engaged in providing any service either directly or indirectly, in connection with the management of any organization in any manner. The second part of the definition which is an inclusive part extends the scope of the definition to any person who renders any advice, consultancy or technical assistance relating to conceptualizing, devising, development, modification, rectification or up-gradation of any working system of any organization. Keeping in view the limited information made available by the appellant, in our view, number of activities would get covered in the first part of the definition. We also note that the activities being undertaken by them include advice and consultancy also. In certain cases they are doing executory function also but such executory functions are connected with the advisory functions and are not related to routine or operational functions. We, therefore, are of the view that the services provided by the respondents would be covered within the scope of Management Consultancy Services . 8. We have gone through various case laws submitted by the respondents and find that the facts in those cases ..... X X X X Extracts X X X X X X X X Extracts X X X X
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