2018 (4) TMI 1619 - AT - Service Tax

Levy of Service Tax - NSE transactions charges recovered by the appellant from their customers and deposited with the Stock Exchange - period from 1.4.2003 to 31.3.2007 - Held that - The issue is covered by the judgment of this Tribunal in the case of Indses Securities and Finance Ltd vs. CST Ahmedabad 2018 (2) TMI 569 - CESTAT AHMEDABAD where reliance placed in the case of LSE Securities Ltd. Versus CCE 2012 (6) TMI 364 - CESTAT New Delhi where it was held that the charges realized by appellants were not being of commission or brokerage are not taxable and shall not form part of gross value of taxable service - demand set aside - appeal allowed - decided in favor of appellant.

Summary

The appellate tribunal in CESTAT Ahmedabad allowed the appeal against the Commissioner of Service Tax - Ahmedabad's order regarding the leviability of Service Tax on NSE transactions charges. The issue was found to be covered by a previous judgment of the tribunal, leading to the impugned order being set aside. The appeal was allowed with consequential relief, if any, as per law.