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TMI Blog2018 (3) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... within the purview of “MBCS” and the appellants are entitled for the refund benefit - appeal allowed - decided in favor of appellant. - Service Tax Appeal No. ST/50117/2014-ST [DB], Service Tax Appeal No. ST/50292, 50554-50556/2014-ST [DB] - Final Order No. 50963-50967/2018 - Dated:- 13-3-2018 - Hon ble Mr. S.K. Mohanty, Member (Judicial) And Hon ble Mr. B. Ravichandran, Member (Technical) For the Appellant : Mr. Kishore Kunal Mr. Pranav Bansal, (Advocates) For the Respondent : Mr. P. Juneja, A.R. ORDER Per S. K. Mohanty The issue involved in all these appeals is common. Accordingly, the same are taken up for hearing together and a common order is being passed. 2. Brief facts of the case are that the appellants are registered with the service tax authority under the taxable category of Management or Business Consultant Service (MBCS), Business Auxiliary Service (BAS), etc. They entered into agreement with Divco West Real Estate Services Inc. (DWRES), Streit Real Estate Services LLC (SRES), SITQ Mouritius Advisory Services (SMAS), etc., who are located outside India and are inter-alia, engaged in the business of providing investment advices to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son who renders in any manner, either directly or indirectly, advice, consultancy or technical assistance, in relation to evaluation, conception, design, development, construction, implementation, supervision, maintenance, marketing, acquisition or management, of real estate; Section 65(65): management or business consultant means any person who is engaged in providing any service, either directly or indirectly, in connection with the management of any organisation or business in any manner and includes any person who renders any advice, consultancy or technical assistance, in relation to financial management, human resources management, marketing management, production management, logistics management, procurement and management of information technology resources or other similar areas of management. 6. The contents of the agreements entered into between the appellants and the overseas clients are almost identical. As such, for the ease of reference, we refer to the agreement dated 16.11.2007 entered with DWRES, under the caption of Advisor and Services Agreement . We find that the overseas company had desired to retain the appellants to provide certain non-binding a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who renders any advice, consultancy or technical assistance in relation to financial management. The contention of the ld. Counsel for the appellants is that the investment as mentioned in the agreement would be only in the shares of the company and the company is separated from its shareholders. Hence, it is contended that the appellant had rendered the services under the category of MBCS. 9. The lower appellate authority observed that the appellants were in fact, assisting their foreign clients for making investment in the Indian real estate companies and therefore, they were in fact, catering the RECS to their foreign clients and services were consumed in India by virtue of which, the benefit of export were not accruing outside India. The lower authorities observed that the appellants are engaged in rendering the services to the foreign clients in relation to evaluation of real estate. After going through the agreements, we are of the view that the appellant rendered the services to the overseas clients as advisors of the investment opportunities in Indian company, which is clearly covered within the definition of MBCS. We agree with the submissions of the ld. Counsel that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Capital (Australia) in Australia. Therefore, the services are used outside India. 6.1 On the identical set of facts, this Tribunal in the following cases have held as under : (i) In the case of Amha Research (India) Pvt. Ltd.: 3. On going through the records and after considering the submissions of both sides, we find that in this case, the appellant is a subsidiary of M/s. Amba Holdings Inc. The refund claim has been denied on the ground that the services have been entirely utilized in India. According to the agreements, we find that the buyer namely M/s. Amba Holdings Inc. is engaged in the business of providing services in investment research, outsourcing of financial analysis and sub-contracting services. It was the submission of the learned Consultant that the services provided by the appellant in the form of studies and submission of reports which are in turn provided by the Amba Holdings Inc. to their customers abroad. It is not the case where the benefits of research are used by the buyer in India as assumed by the lower authorities. 4. On going through the impugned order, we find that there is absolutely no evidence for the conclusions reached by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service. In the said case, Vodafone provided telecom services in India to international in-bound roamers registered with foreign telecom network operators but located in India at the time of providing of the said services. In that case this Tribunal held that Vodafone rendered the telecom service, in the context of international roaming, the benefit accrued to the foreign telecom service provider, though the actual consumer was in India but in that case it was held that it is a support service. In the instant case, the respondent has provided investment advisory services to GPC who is located outside India and having no office in India. In that case it is held that it is a case of export of service. In the circumstance, the respondent is entitled for the refund claim. Accordingly, I do not find any infirmity with the impugned order and the same is upheld. As the appeals filed by the Revenue Reserves no merit are therefore, dismissed. Stay application is also disposed of in the above terms. 6.2 In view of the above judgments it is found that the services were carried out in India but the recipient is outside India and, therefore, the services provided by Indian entity deemed t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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