2017 (9) TMI 418

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..... t ORDER Per: Ashok K. Arya M/s. Vivek Financial Focus Ltd. is in appeal against the order in appeal no.166/2011 dated 28.03.2011 whereunder liability of service tax on the "stock broking services" as defined under section 65(105)(a) read with Section 65 (101) of the Finance Act 1994 has been confirmed. 2. The brief facts are as follows:- i) The appellant has its registered office in Delhi an .....

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..... sioner and appellant went in appeal before the Commissioner (A) against the said order in original. Commissioner (A) also sustained said service tax demand of stock broking services against the appellant. v) Therefore, the appellant is in appeal against the confirmation of the said demand of service tax of stock broking services before the Tribunal. 3. With the background of above facts both the .....

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..... spective of the services provider being from the State or otherwise. 4.2. In this regard, Tribunal in the case of Religare Securities Ltd. Vs. CST Delhi - 2014 (36) STR 937 (Tri-Del) has held that in terms of the section 64 of the Finance Act 1994, discharging of service tax has been exempted in the case of services provided in Jammu and Kashmir region. The Tribunal in the said case observes as u .....

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..... ischarging of Service Tax has been made exempted for the purpose of whole of Jammu & Kashmir region. Merely because the accounts for such services were being maintained in New Delhi/Gurgaon/Noida offices, for the sake of facility and maintaining a control on its finance, such services rendered in the State of Jammu & Kashmir cannot be held to be taxable. 16. We do not find any infirmity in the sa .....

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..... s). Accordingly, the appeal filed by the Revenue is rejected." 7. In the light of the above discussion the impugned order in respect of confirmation of liability of service tax and corresponding penalty on account of "stock broking services" provided to the clients located in Jammu and Kashmir is set aside and appeal allowed accordingly. [Order Pronounced in the open court on 28.07.2017]
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