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TMI Blog2013 (5) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... have made out a prima facie case in their favour. Transaction charges - Held that:- The documents submitted in the form of 'FAQ-Equities, prima facie, make it clear that the appellants are entitled to collect transaction charges levied by NSE and therefore, the same cannot be treated as charges towards stock brokerage. Further, these charges are taxable from May 2008 under Section 65(105) (zzzz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nge based on their annual turnover. (b) The appellants are also registered as depository participant in terms of Depository Act 1996. In view of this, in respect of some of the investors, they render the facility of keeping depository accounts and collected amounts known as 'accounts maintenance charges'. (c) They have collected totally a sum of Rs.4,17,08,419/- as transaction charges ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf of the stock exchange has become taxable under the category of 'Stock Broking Service' from May 2008. He further submits that account maintenance charges for maintaining depository account is to be excluded for the purpose of service tax as per the Stay Order No.14/2012 dated 29.12.2011 in the case of M/s. Acumen Capital Market (India) Ltd. 4. Learned Additional Commissioner (AR) submits tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made out a prima facie case in their favour. 6. As regards the transaction charges, the documents submitted in the form of 'FAQ-Equities, prima facie, make it clear that the appellants are entitled to collect transaction charges levied by NSE and therefore, the same cannot be treated as charges towards stock brokerage. Further, we are informed that these charges are taxable from May 2008 under S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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