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2018 (3) TMI 859 - AT - Service TaxMisdeclaration of total income from brokerage during the year 1995-2000 and 2000-2001 - demand of service tax - Held that: - There is no dispute by either side that a sub-broker is falling under the definition of stock broker under Section 65(101) of the Finance Act, 1994 w.e.f. 10-9-2004 - It is apparent that the services provided by sub-broker to investor was not liable to tax prior to 10/09/2004. The services provided by sub-broker to brokers stand exempted vide N/N. 25/2004-ST for the past period - the demand in so far as it relates to the brokerage received by the appellant in a capacity as sub-broker is set aside. Demand of service tax on income under various heads like, penalty charges, insurance charges, NSE transaction charges, SEBI fees and stamp duty, other charges and share transfer fees, etc. - Held that: - the matter is remanded to the Commissioner (Appeals) to decide the issue. Appeal allowed in part and part matter on remand.
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