2009 (6) TMI 155

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..... pellant. Shri S. K. Mall, SDR, for the Respondent. [Oder per : Archana Wadhwa, Member (J)]. - The prayer in the application is to dispense with the condition of pre-deposit of Service Tax of Rs, 52,01,964/- and penalty of equal amount imposed under Section 78 of the Act along with the penalties imposed under Section 76 of the Act. 2. After hearing both the sides duly represented by Shri P.M. Da .....

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..... r or seller of the security. As such, the appellant who is a broker cannot be an agent. As such, the charges collected by them from their customers are not in the capacity of an agent and are not therefore deductible from his gross receipt for arriving at the assessable value. 4. Assailing the above finding, the learned advocate has submitted that NSE charges were subsequently placed under the Se .....

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..... Show Cause notice dt. 10-4-08 for the period April 2003 to 31-3-07. The appellant has been filing regular returns with the department who was aware of such NSE transaction charges by the appellant from their customers. In fact, in their letter dt. 26-8-05 written by the appellant in response to Assistant Commissioner's letter dt. 24-8-05, the appellant has given a very categorical reply that such .....

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