2000 (5) TMI 1094 - AT - Service Tax

Valuation - brokerage collected was shown to be inclusive of service tax - HELD THAT - It was held in the case of KR CHOKSEY AND COMPANY VERSUS COMMISSIONER OF C. EX., MUMBAI-I 1996 (10) TMI 1 - CEGAT (MUMBAI) where the brokerage collected was shown to be inclusive of service tax and where the fact was indicated in all the relevant documents, there was no justification for calculating the service tax on the brokerage so inclusive of service tax. The decision given by any Bench of the Tribunal is of precedent value and is binding on all the parties - appeal of Revenue dismissed.

Summary

The Appellate Tribunal CESTAT Kolkata upheld the Commissioner (Appeals) order stating that service tax should not be calculated on brokerage already inclusive of service tax, following a precedent set by the Tribunal. The Revenue's appeal was rejected as the Tribunal's decision is binding on all parties.