TaxTMI 
TaxTMI 
2018 (3) TMI 1330
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....in India. For providing the services, the appellant was receiving service fee in convertible foreign exchange. The appellant filed refund claim applications for the period from October 2009 to September 2010, claiming refund of cenvat credit lying un-utilized in its books of accounts. The refund applications were filed on the ground that it has used input services in providing the output service namely, MBCS, which were exported outside the country to its overseas clients. The refund claims were filed under Rule 5 of the Cenvat Credit Rules, 2004 read with Notification No. 5/2006 C.E. (N.T.) dated 14.03.2006. The Department initiated show cause proceedings against the appellant, proposing to reject the refund claim of Rs. 5,27,189/-, on the ground that the appellant was engaged in rendering the service under the category of "Real Estate Advisory Service" (REAS). It has been alleged that the appellant rendered the service in respect of the properties situated in India and therefore, the services cannot be treated as export of service. The adjudicating authority had rejected the refund claim under Rule 5 of the Cenvat Credit Rules, holding that the services provided by the appellant ....
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....o the Client in connection with the Client‟s investments in companies developing real estate projects. In particular such services will include identifying investment opportunities, analysing and advising on the real estate markets, providing financial analysis/update on the investment opportunities identified, assistance for conducting due diligence, identifying opportunities to exit the Companies etc. Further, CDPREAL will assist the Client for providing reporting services in relation to the Client‟s existing and future investments in Companies developing real estate projects. In particular, such services will include review an reporting on the following aspects: Business Plan, Concept Design, Budgets, Construction Management plans etc. of the projects pertain in to the Companies Market Intelligence vis-à-vis pricing policies, sales plans, occupancy plans, leasing plans etc. Financial Statements including cash flows, profitability, income statements etc. In addition o the above mentioned services, CDPREAL will also provide other Services as requested by the Client which are in the nature of advisory/reporting on the investments made/to be made in the....
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....considered the submissions made by both the sides. The issue to be decided by me in this case is whether the services provided by the appellant, M/s. AMP India Capital Advisors (India) Pvt. Ltd. to M/s. AMP Capital (Australia) is „export of service‟ or otherwise and consequently eligibility to refund. As per the facts, the appellant is providing management consultancy services such as providing reports of information on investment area, 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. AMP Capital (Australia) which is located in Australia. 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 provided to Australia based firm M/s. AMP Capital (Australia). These services are not provided to any person located in In....
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....ign currency. We also find that this Tribunal in the case of CST, Mumbai v. M/s. Greater Pacific Capital Pvt. Ltd. [2014-TIOL-1726-CESTAT-Mum] in similar circumstances came to the conclusion that refund is admissible. Accordingly, we consider that the appellant has made out a case for eligibility for refund. Therefore appeal is allowed with consequential relief to the appellant." (ii) Commissioner of Service Tax, Mumbai v. Greater Pacific Capital Pvt. Ltd. "9. In this case the issue is to be decided whether the services provided by the respondent to GPC located outside India qualifies as export of service as per Rule 3(1)(iii) read with Rule 4 of the Export of Services Rules, 2005 or not and consequently, whether the respondent is entitled for refund claim or not. 10. It is an admitted fact that the respondent has provided investment advisory service to GPC Management located outside India and does not have any business in India. It is also not in dispute the respondent has received the payment in convertible foreign exchange. Therefore, as per Rule 3(l)(iii) of the above said Rule, the services provided by the respondent not qualifies as export of service as the service pr....