Management consultant not classified as 'intermediary' under GST Act. Services didn't arrange/facilitate goods/services. Jurisdictional limits noted. The applicant, providing management consultancy services to foreign clients, was found not to qualify as an 'intermediary' under Sec.2(13) of the ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Management consultant not classified as "intermediary" under GST Act. Services didn't arrange/facilitate goods/services. Jurisdictional limits noted.
The applicant, providing management consultancy services to foreign clients, was found not to qualify as an "intermediary" under Sec.2(13) of the Integrated Goods and Services Tax Act, 2017. The Authority determined that the services offered did not involve arranging or facilitating goods/services between parties. The question of whether the consultancy services constituted "Intermediary Services" under Sec. 13(8) (b) was deemed outside the Authority's jurisdiction, as it pertains to determining the place of supply.
Issues: 1. Whether the applicant providing management consultancy services falls under the definition of an "intermediary" as per Sec.2(13) of The Integrated Goods and Services Tax Act, 2017Rs. 2. Whether the management consultancy services provided by the applicant qualify as "Intermediary Services" under Sec. 13(8) (b) of the Integrated Goods and Services Tax Act, 2017Rs.
Analysis: 1. The applicant, a resident of India, offers management consultancy services to foreign clients without engaging any staff. The consultancy involves various business sectors and includes advising on sales growth, margin improvement, and team training. The applicant receives fixed monthly fees in foreign exchange. The applicant sought clarification on being classified as an "intermediary" under Sec.2(13) of the IGST Act, 2017. The Authority examined the consultancy contracts and noted that the services provided by the applicant fall under management consultancy services as per the Scheme of Classification of Services. Since the applicant directly provides services to clients and does not arrange or facilitate goods/services between parties, the Authority ruled that the applicant does not qualify as an "intermediary" under the Act.
2. The second issue pertains to whether the management consultancy services provided by the applicant constitute "Intermediary Services" under Sec. 13(8) (b) of the IGST Act, 2017. The Act outlines principles for determining the place of supply of services in cases where the supplier or recipient is outside India. The Authority clarified that determining the "Place of Supply" for services provided by the applicant falls outside its jurisdiction. Therefore, the ruling on whether the management consultancy services qualify as "Intermediary Services" under this section was not within the purview of the Advance Ruling Authority.
In conclusion, the Authority ruled that the applicant's provision of management consultancy services does not categorize them as an "intermediary" under Sec.2(13) of the IGST Act, 2017. Additionally, the determination of whether the services provided fall under "Intermediary Services" as per Sec. 13(8) (b) of the Act was deemed beyond the Authority's scope, as it involves the place of supply, which is not under its jurisdiction.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.