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TMI Blog2007 (6) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, submissions made by the appellants in appeal and at the time of personal hearing. I find that, the demand has been confirmed on the ground that "the service provider has acted as share broker while making transaction with their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 dealt with the securities listed recognized stock exchange. Therefore, I find that, as they were dealing in securities listed in recognized stock exchanges, the demand confirmed vide the impugned Orders are also sustainable in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 stock broker. 3. The learned DR states that though he was a sub-broker, he was engaged in the activity of a stock broker which attracts service tax and the lower authorities have correctly demanded the dues from them. 4. Having h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppears 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 shall be no pre-deposit requirement for the purpose of hearing the appeal. The appeal shall come up for hearing in its due course.
This application stands disposed of accordingly.
(Dictated in the open Court)
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