TMI Blog2018 (9) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to Service Tax or otherwise? Held that:- The appellant is acting as a commission agent on behalf of the Stock-broker, the entire deal of Stock trading is between Stock broker and ultimate client. In this fact it cannot be said that the appellant’s service is a branded service. Moreover, the appellant is providing services to the Stock-broker the issue of service being branded could arise on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of appellant. - Appeal No. ST/189/2010-DB - A/11780/2018 - Dated:- 17-8-2018 - MR. RAMESH NAIR, MEMBER (JUDICIAL) And MR. RAJU, MEMBER (TECHNICAL) For Appellant: Shri. Vipul Khandhar (Advocate) For Respondent: Shri. S.N. Gohil (A.R.) ORDER Per: Ramesh Nair This issue involved in the present case is that: A- Whether the Service Provided by the Sub-Broker of main Sto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Changes Vide D.O.F. No. 334/13/2009-TRU dated 06.07.2009, it was used clarified that since entire amount of brokerage in the hand of the Stock-broker is taxable. Therefore, the sub-broker is not liable to pay Service Tax. Accordingly, the Sub-broker has been excluded from the perview of the Service Tax. It was also clarified that even the Sub-broker should not be charged to Service Tax as commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 5. We find that as regard the small scale exemption under the Notification No.06/2005-ST the adjudication authority denied the exemption only on the ground that the service of the appellant is a branded service as the appellant being a Sub-broker using the brand of main Stock-broker. We find that the appellant is acting as a commission agent on behalf of the Stock-broker, the entire deal of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand of Service Tax is not sustainable. Since, we are deciding the matter only on the first issue of small scale exemption Notification, we do not incline to address the issue of taxability of Sub-broker during the relevant period. 7. As per our above discussion, we set aside the impugned order and allow the appeal. (Pronounced in the open court on 17.08.2018) - - TaxTMI - TMITax - Serv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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