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2011 (5) TMI 615 - AT - Service TaxSEBI turnover charges as well as BSE transaction charges - demand service tax on the transaction charges recovered from brokers and sub brokers under the category of "stock broker service" - Held that:- The appellant was already registered under stock broker service category and has been paying service tax on brokerage and filing service tax returns. Therefore the extended period of limitation cannot be invoked. As decided in FIRST SECURITIES PVT. LTD. Versus COMMR. OF SERVICE TAX, BANGALORE [2007 (6) TMI 33 - CESTAT, BANGALORE] handling charges collected from investors and amounts collected towards transaction charges cannot be equated to brokerage or commission for purchase of securities & in the case of Sriram Insight Share Brokers Ltd. Vs. CST, Kolkata (2008 (6) TMI 185 - CESTAT, KOLKATA) the transaction charges are includable in the assessable value. The appellant has made out a strong case in their favour. Stay granted and waiver of pre-deposit of the service tax, interest and penalty.
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