9911796707
TMI Blog2007 (6) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1994 - pre-deposit service tax waived - Appeal No. ST/259/2007 - Stay Order No. 273/2007-ST(PB) - Dated:- 20-6-2007 - [Order per : T.V. Sairam, Member (T) (for the Bench)]. - This is an application challenging the order of Commissioner (Appeals) made on 14-3-07. In the impugned order the Commissioner has observed as follows :- 5. I have carefully gone through the case records, subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 6. As regard Appellants contention that Board's Circular No. 80/10/2004 dated 10-9-2004, provides that service provided by broker, sub-broker to investors in connection with sale and purchase of securities listed on recognized stock exchange would be subjected to Service Tax. In this regard, I find that Appellant has not provided any evidence to prove that, as sub-broker, they have not d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., Jaipur and it has not questioned the status of their being sub- broker. In this context, he draws our attention to the amendment to the Finance Act, 2004 with effect from 10-9-04 by which the services of sub-broker were brought into the net of service tax by including them in the definition for what ever services rendered by them by way of collecting the brokerage was not rendered by them as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1992). Admittedly, during the relevant period, (14-5-03 to 31-12-03), the applicant was admittedly a sub-broker and who was not registered as a stock broker in accordance with the SEBI regulations. 5. In view of this , prima facie, it appears to us that the appellant has made out a fit case for waiver of duty and penalty demanded under the impugned order. We, therefore, direct that there ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
