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2015 (10) TMI 1734 - CESTAT MUMBAI

2015 (10) TMI 1734 - CESTAT MUMBAI - 2016 (41) S.T.R. 230 (Tri. - Mumbai) - Manpower recruitment agency and supply services - services provided to overseas client. - export of services - Held that:- the employees were recruited by the appellant for clients abroad for working, salaries are paid by the clients of appellant and the services of the appellant was engaged by the foreign clients for identifying the potential employees who can work abroad. It is to be seen that though the services of th .....

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the personnel for the clients situated abroad - qualifies for export of services.

Further, demand of small amount of ₹ 20,132/- is confirmed with interest but penalties set aside Decided partly in favour of the Assessee. - APPEAL NO: ST/08/2012 - Final Order No. A/3403/2015-WZB/STB - Dated:- 24-9-2015 - Shri M V Ravindran, Member (Judicial) And Shri C J Mathew, Member (Technical) For the Petitioner : Shri L Badrinarayanan, Advocate For the respondent : Shri A.B. Kulgod, As .....

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and charges an amount as a fee. It is the case of the revenue that appellant had undervalued the amounts received by them and extended period was invoked. Show cause notice was issued for such short payment of the service tax liability and was also seeking to demand interest and also seeking for imposition of penalties. Appellant contested the show cause notice on merit and also on limitation. The adjudicating authority after following the due process of law did not agree with the contentions ra .....

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ply agency services. He would submit that the demand is unsustainable for the reason that the appellant herein had recruited employees for their clients situated abroad. It is his submission that the persons recruited by the appellant are employees of the companies who are situated abroad and the employees / personnel work outside India. It is his submission that the services so rendered are export of services. It is his submission that the services under which the confirmation of demand has bee .....

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judgment of Honourable High Court of Bombay in the case of SGS India Private Limited 2014 (34) STR 554 (BOM) are directly on the issue raised in this appeal and are in favour of the appellant. He would submit that on limitation also they have good case in their favour. He would submit that the demands under business auxiliary services is in respect of the amounts received by the appellant which is a commission on account of ticketing, emigration charges, commission on insurance policy and disco .....

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has undoubtedly rendered the services under recruitment and manpower supply services. He would submit that the clients of the appellant would visit India and engage themselves in interacting with the persons short listed and participate in the interviews, etc. in India, which would mean that the services rendered by the appellant were to be consumed in India and hence adjudicating authority was correct while confirming the demands raised. On limitation it is his submission that appellant had no .....

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appellant are under a contract with the appellants client as an employee of foreign company. Appellant provides the tickets, logistical convenience, help on emigration and recovers the said amount from their clients. It is a case of the adjudicating authority that the services are rendered by the appellant in India, as representatives of appellants client come to India and participate in the selection procedure of the personnel, hence the services are rendered in India. 7. In our considered vi .....

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ppellant were for identifying, short listing and confirming the employment of the personnel in India, it was for working abroad and not in India. This would, in our considered opinion, would fall under the category of export of services. We find that on similar set of facts, Honourable High Court of Bombay in the case of SGS India had held in favour of the assessee. The issue in that case was that SGS India was engaged by the company based abroad for inspection of the goods which were purchased .....

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intended to import from India. In other words, the clients abroad were desirous of confirming the fact as to whether the goods imported complied with requisite specifications and standards. Thus, client of the respondent located abroad engaged the services of the respondent for inspection and testing the goods. The goods were tested by the respondents in India. The goods were available or their samples were drawn for such testing and analysis in India. However, the report of such tests and anal .....

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h an act does not invite a service tax liability. The Tribunal relied upon the circulars issued and prior thereto the view taken by it in the case of KSH International Pvt. Ltd Vs. Commissioner and B.A. Research India Ltd. The case of the present respondent was said to be covered by orders in these two cases. To our mind, once the Hon'ble Supreme Court has taken the view that service tax is a value added tax which in turn is destination based consumption tax in the sense that it taxes noncom .....

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