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2017 (8) TMI 789 - AT - Service TaxValuation - includibility - transaction fee/turn-over charges - Held that: - the appellant has not produced any plausible evidence to show that the transaction charges cannot be included in the gross value. Further, it has also not produced Circular or Instructions issued by the NCEDX with regard to the application of the stock broker to collect a specified percentage as transaction charges on their credit value from the clients and pass the same to the respective stock exchanges - collection of transaction charges should form part of the gross value under Section 67 ibid for the purpose of payment of Service Tax. Extended period of limitation - Held that: - the SCN should have been issued within one year from the relevant date, seeking confirmation of the adjudged demand - In the present case, since the SCN was issued on 28.01.2009 for recovery of Service Tax demand from 01.04.2005 to 31.08.2006, the same is clearly barred by limitation of time inasmuch as, there is no element of suppression, mis-statement etc. in the case of the appellant for defrauding the Government revenue. Appeal allowed - decided in favor of appellant.
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