Custom, Excise & Service Tax Tribunal
M/S. Punjab Venture Capital Ltd vs Cce, Chandigarh on 24 May, 2011
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL,
WEST BLOCK NO.II, R.K. PURAM,
NEW DELHI-110066
COURT NO. II
Service Tax appeal No. 43 of 2008
[All arising out of Order-in-Appeal No. 492/CE/Chd/07 dated 16.10.2007 passed by the Commissioner (Appeals), Customs & Central Excise, Chandigarh].
Date of Hearing: 24th May, 2011
Date of Decision: 24th May, 2011
For approval and signature:
Honble Shri D.N. Panda, Judiciall Member;
Honble Shri Sahab Singh, Technical Member
1
Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
2
Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3
Whether Their Lordships wish to see the fair copy of the Order?
4
Whether Order is to be circulated to the Departmental authorities?
M/s. Punjab Venture Capital Ltd., Appellants
Vs.
CCE, Chandigarh Respondent
Present for the Appellant : None Present for the Respondent : Shri B.L. Soni, D.R. Coram: Honble Shri D.N. Panda, Judicial Member;
Honble Shri Sahab Singh, Technical Member FINAL ORDER NO. ________________ Per D.N. Panda:
None present for the appellants. The appeal being 3 years old we do not propose to propose to add to the pendency for which we dispose the appeal on merit as hereinafter stated.
2. This appeal arises for confusion in interpretation of the term Management Consultant with the term Banking & Financial services Learned Commissioner (Appeals) has depicted the meaning of Management Consultant in para 3 of his order (at page 64 of the appeal folder) which reads as under:-
Management Consultant means any person who is engaged in providing any service, either directly or indirectly, in connection with the management of any organisation in any manner and includes any person who renders any advice, consultancy or technical assistance, relating to conceptualizing, devising, development, modification, rectification or up-gradation of any working system of any organization.
3. We have also gone through the excerpts of Fund Management agreement as has been depicted by the first appellate authority. The term clearly shows that the activity was to explore possibility of investment by various modalities. That shows that the appellants carried out the activity of providing service of Consultancy of Fund Management including identification of the projects. The departments case has not come out in crystal clear terms as to what was the service provided. The appellate order has been passed mechanically without seeking any evidence to examine the nature of service provided. But the Fund Management agreement does not halt us to decide the appeal. When the primary object was to find investment proposal which involves fund allocation it is impracticable to appreciate that the appellants had provided service of Management Consultant. Therefore, the appellants succeed and their appeal is allowed. (Dictated & pronounced in the Open Court.) (D.N. PANDA) JUDICIAL MEMBER (SAHAB SINGH) TECHNICAL MEMBER RK 3