2008 (6) TMI 185

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..... the Respondent. [Order per: Chittaranjan Satapathy, Member (T)]. - Heard both sides. The adjudicating Commissioner has confirmed the demand of service tax and education cess amounting to Rs. 51,83,237/- and Rs. 82,509/- respectively on the appellants on the ground that the additional amount collected by the appellants from their clients as "transaction charge" is part of service charges and this .....

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..... ce Tax, Bangalore - 2007 (7) S.T.R. 690 (Tri.-Bang.) in this regard. As regards the credit taken, he states that the same is admissible as it relates to service tax paid on mobile telephone. 3. Shri K. P. Singh, ld. SDR appearing for the Department, strongly opposes the plea for waiver of pre-deposit stating that other stock brokers are paying service tax on the transaction charges throughout the .....

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..... relatable to the clients' turnover etc. The transaction charge is, therefore, prima facie, not an amount to be paid by the clients of a stock broker. Hence, there is no question of reimbursement of such amount by the clients. We are, prima facie, satisfied that whatever amounts the appellants have received additionally from their clients, are only part of service charges and hence the same is req .....

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..... he following conclusion: "...........We are convinced that the handling charge is not in the nature of commission or brokerage for purchase of securities. They are incurred in connection with the delivery of scrips. In fine, we hold that the value of taxable services in respect of a stock broker will not include transaction charges and handling charges. Therefore there is no merit in the impugned .....

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..... considering the submissions from both sides in the course of hearing, we did not find this to be a fit case for complete waiver of pre-deposit. At this stage, Shri B. Bhattacharjee, ld. Advocate for the appellants volunteers to pre-deposit an amount of Rs. 15.00 lakhs (Rupees fifteen lakhs). Accepting the offer, we direct the appellants to pre-deposit Rs. 15.00 lakhs (Rupees fifteen lakhs) within .....

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