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        News and Press Release

        Whether all Consultancy would be held as Management Consultancy for the purpose of Service Tax.

        October 13, 2007

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        In a recent decision (reported in 2007 -TMI - 1841 - CESTAT, NEW DELHI) honorable tribunal has decided that all the activities are not in the nature of "Management Consultancy" even though shown in the books as "Consultancy Income" for the purpose of Service Tax.

        CESTAT has held that none of the activity carried out by obtaining orders, procuring materials and finding foreign buyers can be called any type of consultancy or advice. They also do not relate to advice, consultancy or technical assistance in any area. It is a partnership to help the customers to carry out exports.  

        Also see ready reckoner on: - Management Consultancy under - Taxable Services - an e-book

        Management consultancy classification: transactional export assistance may not qualify as taxable advisory services under service tax rules. Services described as consultancy are not automatically Management Consultancy for service tax; activities like obtaining orders, procuring materials and finding foreign buyers were treated as partnership-style export assistance and not as advice, consultancy or technical assistance, so classification depends on the substantive nature of the activity rather than the book description.
                          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 consultancy classification: transactional export assistance may not qualify as taxable advisory services under service tax rules.

                                Services described as consultancy are not automatically Management Consultancy for service tax; activities like obtaining orders, procuring materials and finding foreign buyers were treated as partnership-style export assistance and not as advice, consultancy or technical assistance, so classification depends on the substantive nature of the activity rather than the book description.





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                                ActsIncome Tax
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