TMI Blog2009 (6) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... ontention 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by Shri P.M. Dave, learned advocate appearing on behalf of the appellant and Shri S.K. Mall, learned SDR, appearing on behalf of the Revenue, we find that the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly placed under the Service tax w.e.f. May 2008 and NSE has started paying the service tax on the same. The said amount cannot be again taxed in the hands of the appellant. He further submits that, as held by the Tribunal in number of cases [ Board of Control for Cricket in India - 2007 (7) S.T.R. 384 (Tri.-Mumbai)], any service which has been made liable to tax subsequently, cannot be held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry categorical reply that such NSE or SEBI charges will not form a part of the value of the services being provided by them. As such, it becomes clear that the entire fact of collecting NSE transaction charges by the appellant from their customers was in the knowledge of the Revenue. Even in their subsequent letter dt. 10-12-2007, the appellants have disclosed the full figures to the Revenue. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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