TMI Blog2018 (2) TMI 1866X X X X Extracts X X X X X X X X Extracts X X X X ..... in the present case the respondent did receive consultancy or technical assistance in relation to respondent. The CDM project implemented in such power plant resulted in generation of carbon credits (CERs), which were further transferred on consideration to others by the respondent. As per the agreement 7=% of the total consideration is retained by UK Company, who facilitated by way of consultancy and other related activities in the creation of CDM project. We note that the impugned order misdirected itself while examining the matter of transaction as well as the scope of tax entry for such transaction. The tax liability of the respondent on reverse charge basis is sustainable - appeal allowed - decided in favor of Revenue. - Appeal N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice Tax on reverse charge basis on the consideration paid by them to the foreign service provider. The original authority confirmed Service Tax liability along with penalty. On appeal, vide the impugned order the Commissioner (Appeals) set aside the original order holding that the CERs are 'goods' sold by the respondent to the UK Company and further relying on the Circular of the Board dated 27-6-2011 he held that the service provider acted as an agency in pursuance of an Act/Regulation and as such, not liable to tax. He held that there is no service provided by the UK Company under the category of management or business consultant service . 4. Aggrieved by the above order, the Revenue is in appeal. 5. We have heard the Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t did receive consultancy or technical assistance in relation to respondent. The CDM project implemented in such power plant resulted in generation of carbon credits (CERs), which were further transferred on consideration to others by the respondent. As per the agreement 7=% of the total consideration is retained by UK Company, who facilitated by way of consultancy and other related activities in the creation of CDM project. We note that the impugned order misdirected itself while examining the matter of transaction as well as the scope of tax entry for such transaction. The scope of work as examined hereinabove gets covered by the tax entry. 7. In view of the facts as analyzed based on the terms of agreement we are of the considered vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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