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TMI Blog2014 (11) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... Rakesh Kumar, Technical Member- The appellants are manufacturers of M.S. Ingots. During scrutiny of their balance sheet in the financial year 1999-2000, it was noticed that they had shown income of Rs. 34,92,277/- as commission. On query with the appellant about the details of this commission, they explained that out of the said amount, an amount of Rs. 21,29,250/- was received from their custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ides this, penalties were imposed on the appellant under Section 76, 77 and 78 of the Finance Act. 1994. On appeal being filed to the Commissioner (Appeals) against this order, the Commissioner (Appeals) vide order-in-appeal dated 31.10.2008 upheld the Asstt. Commissioner s order. Against this order of the Commissioner (Appeals), this appeal has been filed. 2. Heard both the sides. 3. Shri Alok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Consultancy /Advice provided by the appellant, that mere assisting individual clients for selecting the granite blocks, or helping them in executing the export orders does not constitute Management Consultancy Service , and that in view of the above, the impugned order is not sustainable. 4. Shri Pramod Kumar, ld. Joint CDR defended the impugned order by reiterating the findings of the Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 65(65) which is reproduced as under:- "Management Consultant means any person who is engaged in providing any service, either directly or indirectly, in connection with the management of any organization in any manner and includes any person who renders any advice, consultancy or technical assistance, relating to conceptualizing, devising, development, modification, rectification or upgra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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