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2012 (10) TMI 635 - CESTAT, NEW DELHIForward Contract Broker - double taxation - MCX was charging turnover charges/transaction charges at 0.004% of the value of contract and charging it from the Appellants - Appellants in turn were collecting such amounts from their customers over and above their commission - whether such charges should have been included in the value of services rendered by the Appellants - Held that:- If Service tax is paid by a sub-broker in respect of same taxable service provided by the stock-broker, the stock broker is entitled to the credit of the tax so paid on such service if entire chain of identity of sub-broker and stock broker is established and transactions are provided to be one and the same - tax paid by a sub-broker may not be denied to be set off against ultimate service tax liability of the stock broker if the stock broker is made liable to service tax for the self same transaction - there is a need to examine the facts whether the amount collected by the appellants is equal to the amounts on which service tax has already been paid by MCX - matter remanded to the original authority for verification of facts in view of the decision Vijay Sharma & Co. v. Commissioner - [2010 (4) TMI 570 - CESTAT, NEW DELHI].
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