TaxTMI 
TaxTMI 
2014 (6) TMI 136
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....f companies; ii) Administrative support for maintaining public relations, Media and newspapers and government; iii) Proprietary Internal Audit; iv) Banking and loan arrangements with bank and financial institutions from time to time as required, financial participation, private placement, mergers, acquisitions, demerger etc.; v) Assisting in compliance with various statutes; vi) Assisting in compliance with FEMA and other related matters; vii) Assisting in company secretarial and other related matters; viii) Assisting and preparing various legal agreements, liaison with the advocates, solicitors, for finalizing legal agreements and ix) Any other matter as may be required from time to time. 2. During the period August, 2002 to April, 2005, they provided the following services to the three group companies: I. M/s. Zee Telefilms Ltd. i) co-ordination and assisting in FCCB issue worth US $85 mn., co-ordinating activities on biding for cricketing rights, in BCCI matter, getting various ....
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....ing their CMS product and advising on entire collection management system from more than 5000 retailers scattered across India; v) Coordinating on Investment of surplus fund from time to time; vi) Liaison with various State Government for sale of Lotteries in their state; vii) Preparation of Tender documents for obtaining license to run lotteries of various State Government; viii) Liaison with various state lottery departments for smooth running of business operation; ix) Liaise and drafting of legal papers for retailers schemes keeping in mind changing market scenario; x) Coordinating marketing/media planning comprising press/television/radio advertisement and other ground/business promotion activities to make retailers scheme/various games popular; xi) Guide and coordination on game pattern and draw timings to suit market conditions and competitive scenario; xii) Conducting proprietary internal audit and thereby ensuring adherence to company policy and procedures; and review of internal controls and xii) Ad....
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.... (S.C.) 13. Shyam Enterprises - 2011 (23) STR 29 (Tri-Del.) 14. Hindustan Ferodo Ltd. - 1997 (89) ELT 16 (S.C.) 15. Sharma Chemical Work 2003 (154) ELT 328 (S.C.) 5. The Ld. Commissioner (A.R.) on the other hand stated that definition of 'management consultancy services' is not limited to providing advice and consultancy but to any service either directly or indirectly in connection with the management of any organization. It is only in the second part of the definition the word advice, consultancy are included. Even in addition to the advice and consultancy, it includes technical assistance. The ld. A.R. further stated that activities like issuing FCCB worth US$ 85 million is definitely an activity which should come within the scope of management consultancy. Similarly, activity relating to bidding for cricketing rights in BCCI. Getting various borrowing facilities are management functions. The word 'co-ordinating' used in the list of activities given by them implies advising and discussing. They advised their group companies and also held discussions with other agencies. Thus, the activities carried out ....
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....nctions and are not related to routine or operational functions. We, therefore, are of the view that the services provided by the respondents would be covered within the scope of "Management Consultancy Services". 8. We have gone through various case laws submitted by the respondents and find that the facts in those cases are distinguishable from the present situation and are therefore, not applicable. In the case of Basti Sugar Mills (supra), the assessee had taken over the management of another sugar mill and was running the other sugar mill on day today basis. It is in these context that the Tribunal held that the activity will not be covered within the management consultancy service. In the case of Futura Polyesters Ltd. (supra) the issue was relating to industrial law practitioner and it is in that context that the tribunal held that they are not providing management consultancy services. In the case of Bharati Televentures ltd. (supra) the issue was relating to liaison work for concluding agreements with other telecom companies wherein the assessee was asked to discuss and conclude agreements relating to interconnect agreements. In the case of Sundaram Finance Ltd. (supra)....