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2013 (12) TMI 971 - AT - Service TaxStay Application - Demand confirmed on the ground that the additional amount collected by the appellants (stock-broker) from their clients as “transaction charge” is part of service charges and this amount cannot be excluded from the gross value - Held that:- Tribunal in the case of First Securities Pvt. Ltd. Vs Commissioner - [2007 (6) TMI 33 - CESTAT, BANGALORE] held that amounts collected towards transaction charges by the assessee cannot be equated with the brokerage or commission. In the case of LSE Securities Ltd. Vs CCE Ludhiana - [2012 (6) TMI 364 - CESTAT, New Delhi], the Tribunal held that the amount received by the assesssee under the head of turnover charges, stamp duty, BSE charges, SEBI fees and DEMAT charges could not be taxed. Ld.AR relied upon the decision of the Tribunal in the case of Sriram Insight Share Brokers Ltd. Vs CST Kolkata - [2008 (6) TMI 185 - CESTAT, KOLKATA] wherein part deposit was directed. We find prima facie Tribunal in the final order held that this transaction charges should not be included in the taxable value - Prima facie case in favour of assessee - Stay granted.
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