TMI Blog2017 (12) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... that these charges are also taxable under the category of stock broker service/online data base retrieval service - Held that: - For the services rendered commission is received which is taxed - the appellant’s claim regarding reimbursable nature of all these amounts requires cross-verification with supporting documents - appeal allowed by way of remand. - ST/1653-1654/2011, ST/1699/2011, ST/171 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that these charges are also taxable under the category of stock broker service/online data base retrieval service. The lower authorities held that in terms of Section 67 read with Valuation Rules, (18.4.2006), the appellants are liable to pay service tax on these charges accordingly confirmed the differential service tax along with penalties. 3. The ld. Counsel for the appellants submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The ld. AR contested the appeals and states that the appellants did not submit evidence to the effect that these charges are statutorily mandated and actually passed on to NSE in terms of prior arrangement. The impugned order examined this issue and in the absence of any supporting evidence concluded that the appellants did not pay service tax. The ld. AR also submitted that the statutorily ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r invoice issued to the clients. They have also paid these amounts to the NSE though on a consolidated basis, every month. For the period prior to 18.4.2006, it is clear that the statutory provision itself permits tax liability on the commission or brokerage charged by the broker on sale and purchase of securities. However, post 18.4.2006, the Revenue contends that these amounts are to be included ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax liability will arise on such charges. On these observations, impugned orders are set aside, and the matter is remanded back to the original authority for a fresh look. The appellants shall be provided adequate opportunity to submit their case along with supporting evidence. The appeals are allowed by way of remand. (Dictated pronounced in open Court) - - TaxTMI - TMITax - Service T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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