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2009 (7) TMI 131 - AT - Service TaxStock Broker – Fees for depositors - whether the amount recovered by the appellant from their customers and fees paid to the depositors would be an admissible deduction from the value of the service or not – held that - The dispute stand clarified by the Board’s Circular No. B-11/2000-TRU, dt. 9-7-01, laying down that service tax will not be leviable on the NSDL or CDSL fee paid to the depositors and recovered from the customers on actual basis. The benefit of the said circular stand denied by the Commissioner (Appeals) as the same is available only when actual fee is payable and not when fixed charges are paid to NSDL as has been done in the present case. – appeal allowed – demand set aside.
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