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2018 (9) TMI 579 - CESTAT AHMEDABADSSI Exemption - Whether the Service Provided by the Sub-Broker of main Stock-broker is branded Service and not eligible for small scale exemption up to aggregate gross value of ₹ 4 Lakhs in the financial year? - Whether the Service provided by Sub-broker of Stock-Broker is per se liable to Service Tax or otherwise? Held that:- The appellant is acting as a commission agent on behalf of the Stock-broker, the entire deal of Stock trading is between Stock broker and ultimate client. In this fact it cannot be said that the appellant’s service is a branded service. Moreover, the appellant is providing services to the Stock-broker the issue of service being branded could arise only when branded service is provided to a person other than the brand name owner - Only by using the brand of third person which is not the case here, therefore, the service provided by the appellant cannot be treated as branded service of another person - There is no dispute that the aggregate value of the service provided by the appellant in a financial year is well within the exemption limit of ₹ 4 Lakhs. Therefore, they are clearly eligible for small scale exemption provided under Notification No.06/2005-ST. The demand of Service Tax is not sustainable - Since, we are deciding the matter only on the first issue of small scale exemption Notification, we do not incline to address the issue of taxability of Sub-broker during the relevant period. Appeal allowed - decided in favor of appellant.
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