TMI Blog2017 (9) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... existence at all times - “Merger and Acquisition” is highly technical and a restrictive term and cannot be related to the managing of the affairs of the organisation which would come within the definition of “Management Consultant”. The decision of Division Bench of this Court in Indian National Shipowners Association [2010 (12) TMI 12 - Supreme Court of India] would apply in the present case partially since that case has considered the issue of introduction of a new entry viz. mining service in the Finance Act and held that the levy of service tax on this service would be after the insertion of the new entry. Service tax is payable on Merger and Acquisition Services only upon its insertion in the Banking and Financial Services with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning service tax registration and had not paid service tax on the amounts received by them from their customers / clients for the said services. The Appellant classified the said services as taxable services under Management Consultancy Services and issued show cause notice dated 10th April 2006 to the Assessee to show cause why service tax amounting to ₹ 37,69,113/- for the period October 2000 to November 2001 under the provisions of Section 73(1) of Finance Act, 1944 is not payable by the Assessee. The Adjudicating Authority vide order dated 29th July 2008 held the services provided by the Assessee to be taxable under Management Consultancy Services and demanded service tax of ₹ 37,69,113/- along with interest and penalty unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order at paragraph 7, which reads thus:- Management Consultant means any person who is engaged in the providing any service, either directly or indirectly, in connection with the management of any organisation in any manner and includes any person who renders any advice, consultancy or technical assistance, relating to conceptualising, devising, development, modification, rectification or upgradation of any working system of any organisation. 5. Mr. Jetly has contended that Merger and Acquisition Services come within the definition of Management Consultancy and would be included under Management Consultancy Services prior to 16th July 2001 and hence would be taxable. Mr. Jetly has contended that the introduction of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant's contention that their activities are executory in nature and not advisory. In view of this conclusion, we find that first nine case laws mentioned in Para 2 supports the case of Revenue rather than appellant. 6. Mr. Jetly has submitted that the above decision has held in paragraph No.5 that advisory services in the field of finance is advisory in nature and would fall under the definition of Management Consultancy Services which is a wide definition and not restricted to any particular field of management. According to him, this decision would apply to the present case and that Merger and Acquisition Services falls under that Management Consultancy Services and hence is liable to service tax. 7. Mr. Rohan Shah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... members of the 1st petitioner, they supply offshore support vessels to carry out jobs like anchor handling towing of vessels, supply to rig or platform, diving support, fire fighting etc. Their marine construction barges support offshore construction, provide accommodation, crane support and stoppage area on main deck or equipment. Their harbour tugs are deployed for piloting big vessels in and out of the harbour and for husbanding main fleet. They give vessels on time charter basis to oil and gas producers to carry out offshore exploration and production activities. The right of possession in and effective control of such machinery, equipment and appliances is not parted with. Therefore, those activities clearly fall in entry (zzzzj) and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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