TMI Blog2022 (1) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion here that appellant s claim is to be supposed to be determined in terms of Circular No. 111/05/2009 dated 24.02.2009. Basing on which this Tribunal has passed several orders including in the case of the COMMISSIONER OF SERVICE TAX-VII MUMBAI VERSUS M/S. ABBOTT HEALTHCARE PVT. LTD. [ 2019 (12) TMI 232 - CESTAT MUMBAI] and M/S BLACKSTONE ADVISORS INDIA PVT. LTD. VERSUS COMMISSIONER OF C.G. ST. -MUMBAI SOUTH [ 2019 (11) TMI 1459 - CESTAT MUMBAI] . Moreover, as could be noticed during hearing of the appeal and subsequent filing of proof on 29.10.2011 by way of additional evidence, appellant had filed an application for rectification of mistake in the order passed by the Commissioner (Appeals) in forming an opinion that appellant is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner (Appeals) is assailed in this appeal except rejection of an amount of ₹ 72,930/- that was held to be time barred. 2. Factual backdrop of the case, in a nutshell, is that appellant has a company incorporated in India and it has been engaged in the business of Portfolio Management and Investment Advisory Services, Advising Foreign Portfolio Investors (FPI) and Managing Portfolios of Indian Individual Investors. In respect of services offered to foreign institutions FPI, refund claim on input services against CENVAT credit of Service Tax paid for export of services between 01.01.20210 and 27.02.2010 to the tune of ₹ 5,12,396/- against renting of premises was rejected by the learned Commissioner (Appeals) along with inp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... point of law to justify that the findings in para 11 and 12 of the learned Commissioner (Appeals) including an observation that appellant is a passive holding Company of the Foreign Institutional Investors (FIIs) which has no existence of its own was an observation made without any material on record and without any argument laid in that behalf by either of the parties for which the order is liable to be set aside as palpably erroneous. 4. In response to such submissions learned Authorised Representative for the respondent-department Shri Saikrishna Hatangadi with reference to the clarificatory Circular dated 13.05.2011 including Notification No. 09/2005 dated 03.03.2005 etc. argued in support of the reasoning and rationality of the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... benefits of these services accrue outside India. In all the illustrations mentioned in the opening paragraph, what is accruing outside India is the benefit in terms of promotion of business of a foreign company. Similar would be the treatment for other Category III [Rule 3(1)(iii)] services as well. Basing on which this Tribunal has passed several orders including in the case of the Commissioner of Service Tax-VII, Mumbai Vs. M/s Abbott Healthcare Pvt. Ltd. reported in 2019 (12) TMI 232 (CESTATST/Mumbai) and M/s. Blackstone Advisors India Pvt. Ltd. Vs. Commissioner of CGST, Mumbai South in Service Tax Appeal No. 85281 of 2019 order dated 22.11.2019. Moreover, as could be noticed during hearing of the appeal and subsequent filing of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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