The case involves the classification of services as Management ...

CESTAT ruled services related to merger & acquisitions are classified as Business & Management Consultant Services.

Case Laws     Service Tax

June 8, 2024

The case involves the classification of services as Management or Business Consultant Services for tax purposes, specifically in relation to merger and acquisitions. The tribunal held that services provided by the appellant fall under Business and Management Consultant Services based on their brochure and a Board clarification. The Chennai Bench decision emphasized that management tasks extend beyond core business activities. The appellant's services also include Legal Consultancy Services, which should be excluded from tax calculation pre-2009. The tribunal upheld the levy of tax on merger and acquisition services, citing a 2001 Board circular. The appellant's failure to register and pay tax was deemed non-bonafide, justifying the extended limitation period for demand. Interest and penalties were upheld, with a remand for re-determination of tax quantum and penalty. The appeal was partly allowed, and the matter was remanded for further proceedings.

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