Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1572

Organization short terms courses on topics rel to forest management - whether Management Consultancy Service?

Case: INDIAN INSTITUTE OF FOREST MANAGEMENT V/s COMMR. OF C. EX., BHOPAL
 
Citation: 2012 (25) S.T.R. 302 (Tri.-Del.)
 
Issue:- Asseessee organize short term courses in various subjects relating to Forest Management etc - Whether services provided by assessee are covered by the definition of “Management Consultancy Service” which attracts service tax under Section 65(65)?
 
Brief Facts: -The appellant-assessee is an autonomous Institute under the Ministry of Environment and Forest, Government of India and it is a premier Institute for education research, training and consultancy in the area of Forest Management. The appellant runs classes for various degree and diploma courses and besides this, also organize short term courses in various subjects relating to Forest Management, Social Forestry, Water shed management, Environmental Management System etc. for which no degree or diploma is given. These short term classes are organized mainly out of grants received by the appellant from the Government for this purpose, though some amount is charged from the participant. The department was of the view that the activity of organizing short term courses on various topics relating to forestry management, environment, etc. is covered by the definition of "management consultancy" and accordingly the same would attract service tax. According to the department, during the period from 1999-2002 to 2002-04, the appellant had provided taxable service of "management consultancy" for various organizations for which they have received an amount of Rs. 3,78,01,521/- on which the service tax chargeable would be Rs. 2379985/- which has not been paid. It is on this basis the show cause notice was issued to the appellant for Demand of service tax amounting to Rs. 2379985/- along with interest; and imposition of penalty on the appellant under Section 76, 77 and 78 of the Finance Act, 1994.
 
The show cause notice was adjudicated by the Additional Commissioner vide order-in-original dated 3-1-2008 by which–
1) the demand of service tax amounting to Rs. 821137/- was confirmed along with interest under Section 73 read with Section 75 of the Finance Act, 1994 and the service tax demand for the remaining amount of Rs. 1558844/- was dropped;
2) Penalty of Rs. 200/- per day under Section 76 ibid was imposed for failure to pay the service tax by due date from the date on which the tax was due till the date of payment of service tax; and
3)  Penalty of Rs. 1000/- under Section 77 and Rs. 8,21,137/- under Section 78 of the Finance Act, 1994.
On appeal to Commissioner (Appeals) against this order of the Additional Commissioner, the Commissioner (Appeals) vide order-in-appeal dated 18-7-2008 upheld the Additional Commissioner's order and dismissed the appeal. The order-in-original dated 3-1-2008 of the Additional Commissioner was reviewed by the Commissioner under Section 84 of the Finance Act, 1994 and vide order in review dated 24-12-2009 the Commissioner –
1)  Confirmed the demand of Rs. 1767129/- as additional service tax liability under Section 73(1) of the Finance Act, 1994 along with interest;
2)  Imposed penalty of Rs. 200/- per day under Section 76 in respect of failure to pay the tax by due date; and
3) Imposed penalty of Rs. 1767129/- under Section 78 ibid.
While Appeal No. ST/695/2008 has been filed by the appellant the order dated 18-7-2008 of the Commissioner of Central Excise (Appeals) the second appeal No. ST/106/2010 has been filed by the appellant the Commissioner's order-in-revision dated 24-12-2009.
 
Appellant’s Contention: - The appellant asserted that  the their activity of organizing short term courses on various subjects relating to Forestry Management, Environment, Water Resources Management, etc. is not covered by the definition of 'Management Consultancy Services', as given under Section 65(65) of the Finance Act, 1994, that the appellant does not conceptualize, devise, develop, modify, rectify or upgrade any working system of any organization, that the short term courses organized are meant for Senior Officers of Indian Forest Service, National A forestation and Ecodevelopment Board, Department of Science & Technology, Ministry of Tribal Affairs, etc, that these courses have nothing to do with the Management Consultancy Service, that the Commissioner has failed to observe that the they are neither engaged in management of any organization in any manner nor in rendering any consultancy, advice or technical assistance to any organization in connection with management of that organization, that since the their activity is not covered by the definition of "Management Consultancy Service", no service tax is chargeable and as such, the impugned orders are not correct.
 
Respondent’s Contention: - The respondent defended the impugned orders by reiterating the findings of the Commissioner (Appeals) and emphasized that the appellant's activity is covered by the definition of Management Consultancy Services as given in Section 65(65) read with Section 65(105)(r) of the Finance Act, 1994. He, therefore, pleaded that there is no infirmity in the impugned orders.
 
Reasoning of Judgment: -The Hon’ble Tribunal held that the activity on which the service tax demand has been raised is organizing of short term courses for the persons of various organizations on various topics relating to Forestry Management, Environment Management System Social Forestry, Water Resources Management, etc. According to the Department, this activity of the appellant is covered by the definition of Management Consultancy Service which attracts service tax. Section 65(65) defines the taxable service in respect of a Management Consultant as any service provided or to be provided to a client by a Management Consultant in connection with the management of any organization in any manner. During the period of dispute, the term "Management Consultant" was defined in Section 65(65) of the Finance Act, 1994 as "The Management Consultant means any person who is engaged in providing any service, either directly or indirectly, in connection with the management of any organization in any manner and includes a person, who renders any advice, consultancy or technical assistance leading to conceptualizing, devising, developing, modifying, rectifying or upgrading of any working system of any organization."
 
Thus, for treating a person as Management Consultant, the following conditions must be satisfied:-
 
1) The person must be engaged in providing either directly or indirectly a service in connection with the management of any organization in any manner;
 
2) The service rendered by the person must relate to rendering any advice, consultancy or technical assistance relating to conceptualizing, devising, developing, modifying, rectifying or upgrading of any working system of some organization.
 
In this case, the focus of the appellant's activity in organizing short term courses on the subject relating to the Forestry, Water Resources Management, Environment, for the officers of Indian Forest Service and other organizations i.e. improving the skills and knowledge level of the persons of various organizations attending the courses and as such, there is no activity of the appellant, which can be called rendering advice, directly or indirectly, in connection with management of any organization. Just imparting training in certain areas to the Officers of certain organizations does not amount to rendering the service of Management Consultancy either directly or indirectly to that organization. Therefore, they hold that the activity of organizing of the short term courses, in this case, is not covered by the definition of 'Management Consultancy Service' and, hence, the impugned orders upholding the service tax demand and penalty are not sustainable.
 
Decision: - Appeal allowed.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com