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2009 (6) TMI 155 - CESTAT, AHMEDABADStock broker service - Dispute in the present appeal relates to the charges made by the appellant who is engaged in providing services of stock broker, to National Stock Exchange (NSE) or SEBL. It is the appellant’s contention that such NSE or SEBI charges are made by the National Stock Exchange and are paid by them to National Stock Exchange and they merely recovers the same as an agent from their customers. As such, no service tax can be levied on the same. - We prima facie find force in the above contention of the appellant and also find that the demand in question is barred by limitation having been raised by Show Cause notice dt. 10-4-08 for the period April 2003 to 31-3-07. The appellant has been filing regular returns with the department who was aware of such NSE transaction charges by the appellant from their customers. – Stay granted
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