2014 (1) TMI 1198 - AT - Service Tax

Stay application - Management & Consultancy Services - Held that - MD of the appellant company also performed the job of MD of M/s. Brembo Brakes India Ltd. for which he was compensated. If at all, any advisory activity was undertaken by the said person, the demand for Service Tax can be made only on him and not on the appellant. Further, there is no evidence on record to show that the MD of the appellant firm rendered any consultancy/advisory services. He actually functioned as the MD of the other company also, therefore, the remuneration received by him through the appellant company does not come under the category of Management Consultancy Services in terms of the Board s Circular - Decided in favour of assessee.

Summary

Issues:
1. Whether the appellant rendered Management & Consultancy Services to another company through the services of its Managing Director, leading to a demand for Service Tax.

Analysis:
The case involved an appeal against a show-cause notice demanding Service Tax under the category of Management & Consultancy Services. The appellant, a company, employed a Managing Director (MD) who also worked for another company part-time. The department alleged that the appellant provided Management & Consultancy Services to the other company through the MD, triggering the tax demand. The jurisdictional Additional Commissioner confirmed the demands and imposed penalties, leading to the appeal before the tribunal.

The appellant contended that they did not provide Management Consultancy Services to the other company. They argued that the MD worked part-time for the other company and was compensated for his services, which were routed through the appellant without any retention. The appellant claimed that settling the management staff's compensation did not constitute Management Consultancy Services, thus they were not liable for Service Tax.

The Revenue, represented by the Deputy Commissioner, relied on a circular clarifying that payments to Directors for management functions are not considered as payments for management consultancy services. However, if directors provide separate advisory services compensated separately, such services would be taxable. The Revenue supported the lower authorities' findings and urged the tribunal to uphold the order.

After considering the submissions, the tribunal found that the MD of the appellant company also served as the MD of the other company, being compensated for the role. The tribunal noted that if any advisory services were provided, the tax liability would be on the individual MD, not the appellant. Since there was no evidence of the MD providing consultancy services through the appellant, the remuneration received did not fall under the category of Management Consultancy Services as per the circular cited by the Revenue. Consequently, the tribunal allowed the appeal, ruling in favor of the appellant and disposing of the stay application.