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Mohak Commodities Pvt. Ltd., Giriraj Multi Commodity & Securities Tholia Commodities Dwarkadish Traders Versus CCE, Jaipur

2017 (12) TMI 387 - CESTAT NEW DELHI

Levy of service tax - certain charges named as ID charges, turn over charges and transaction charges collected from their clients in the course of providing service - Revenue entertained a view 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 suppo .....

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tivity. They are registered with the department and discharging service tax on the amount received on brokerage. The dispute in the present appeals relates to service tax liability on certain charges named as ID charges, turn over charges and transaction charges collected from their clients in the course of providing service. The Revenue entertained a view that these charges are also taxable under the category of stock broker service/online data base retrieval service. The lower authorities held .....

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d that the clients have to pay these charges which in turn are paid by the appellants to the National Stock Exchange. There is no mark up or profit retained by the appellants on these charges. The nature and the quantum of these charges are known to the clients to whom the appellants are rendering stock broking service. As such, the ld. Counsel pleaded that they are not providing any service on these considerations. Reliance was placed on the decision of the Tribunal in LSE Securities Ltd. Vs CC .....

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the impugned order and there is no reason to interfere with the said findings. 5. We have heard both the sides. Admittedly, the appellants are registered with the department for discharging service tax as stock broker. They were paying tax on the commissions received from the clients. The dispute in the present appeals relates to certain other charges collected by the appellants from their clients. The prayer of the appellants are that these amounts are nothing but fees and charges for creating .....

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