TaxTMI 
TaxTMI 
2015 (11) TMI 226
X X X X Extracts X X X X
X X X X Extracts X X X X
....r. 2. The fact of the case is that the appellant, M/s. AGM India Advisors Pvt. Ltd., are registered with the Service Tax department under the category of 'Management of Business Consultants Services'. The appellant entered into an Investment Advisory Agreement dated 08/06/2009 with M/s. Apollo Management VII L.P. As per the said agreement, the appellant is required to provide the following services to Apollo Management VII L.P. (i) Providing reports on a timely basis containing news and information on investment areas, industries, companies and/or other specified areas; (ii) Providing non-binding advisory services in respect of potential investment and divestment opportunities in India or elsewhere, including advice on the structur....
X X X X Extracts X X X X
X X X X Extracts X X X X
....assed by the Dy. Commissioner, Division III, Service Tax- I Commissionerate. Aggrieved by the said order, the appellant is before me. 4. Shri Prasad Paranjape, learned counsel for the appellant submits that the Commissioner (Appeals) held the refund claim inadmissible on the ground that the services provided to M/s. Apollo Management, US were used in India and, therefore, the same does not qualify as export of service. In this regard he submits that the service-provider is the appellant in India and the service-recipient is located in USA. The services are received by US based entity, M/s. Apollo Management VII L.P. Therefore, it is undisputed that the services provided by the appellant were used outside India. It is his submission that ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e facts, the appellant is providing management consultancy services such as providing reports of information on investment areas, industries, companies, non-binding advisory service in respect of potential investment and investment opportunities in India. The research analysis and identification of investment opportunities providing necessary reports, information and feedback in connection with the performance of investment in India and other non-binding advisory service to M/s. Apollo Management VII L.P. which is located in US. It is undisputed that the appellant is receiving the remittance in convertible foreign exchange towards fees of their services. The services, though related to the analysis carried out in India, but the services are....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the services provided by the appellant in the form of studies and submission of reports which are in turn provided by the Amba Holdings Inc. to their customers abroad. It is not the case where the benefits of research are used by the buyer in India as assumed by the lower authorities. 4. On going through the impugned order, we find that there is absolutely no evidence for the conclusions reached by the lower authorities that investment and research services have been used in India only. The learned Commissioner has simply stated that on going through the agreement this is what he finds. He has not quoted paragraph of the agreement which is relevant and where exactly it emerges from the agreement that services are to be used in India. Mo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....de India and are to be used outside India for their benefit. Further, I find that the issue came up before this Tribunal in the case of Paul Merchants Ltd. (supra) and in that case also this Tribunal has held that if the services recipient is located outside India and the same has been utilized outside India, therefore it is a case of export of service. Further in the case of Vodafone Essar Cellular Ltd. - 2013 (31) STR 738 this Tribunal held that telecom services provided to inbound roaming international consumers would qualify as export of service. In the said case, Vodafone provided telecom services in India to international in-bound roamers registered with foreign telecom network operators but located in India at the time of providing o....