2006 (2) TMI 15

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.... dated 16-10-1998 by Notification No. 15/2002-ST, dated 1-8-2002 is retrospective or not. The appellants had been providing taxable services listed as (i) to (xi) in the exclusionary part of Exemption Notification No. 59/98-ST ibid :- "(i)    accounting and auditing; or (ii)     cost accounting and cost auditing; or (iii)    secretarial auditing; or (iv)    verification of declarations in prescribed forms of compliances for obtaining a certificate of commencement of business or commencement of other business under section 149 of the Companies Act, 1956 (1 of 1956); or (v)     signing of the annual return of listed companies under section 161 of the Com....

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....A(7) of the Wealth Tax Rules, 1957." The Notification exempted from payment of tax, taxable services provided by a PCA (in his professional capacity) to a client, other than the afore-listed services. The amending Notification added the following Explanation (along with Illustration) to the above Notification: "Explanation. - Nothing contained in this notification shall apply to the services provided by the practising chartered accountant, a practising company secretary or a practising cost accountant which may fall in any other taxable services as defined in clause (90) of section 65 of the said Act. Illustration. - The service provided by a practising chartered accountant, a practising company secretary or a practising cost accountant ....