2022 (11) TMI 694 - AT - Service Tax
Levy of Service Tax - deposit taken by the appellant from their customers as security deposit against towards trading of shares which is subsequently refunded without utilizing the same - HELD THAT:- This issue in the appellant’s own case only for a different period has been decided MARWADI SHARES & FINANCE LTD VERSUS C.C.E. & S.T. -RAJKOT [2022 (4) TMI 705 - CESTAT AHMEDABAD] where it was held that In view of the facts that department could not bring on record any clinching evidence that the deposit has influenced the service charges, the demand is not sustainable.
The issue is no longer res integra and following the same, the impugned order is not sustainable - Appeal allowed.