9911796707
TMI Blog2007 (8) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the Order-in- Revision No. 14/2006 dated 1-12-2006 passed by the Commissioner of Customs, Central Excise & Service Tax, Hyderabad setting aside the dropping of demands passed by the Assistant Commissioner of Central Excise (ST) in Order-in-Original No. 52/2004 dated 9-12-2004 on the ground that handling and terminal charges collected by the assessee during the period shown in the show-cause no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of this Bench is reproduced herein below :— "6. In the impugned order, the Commissioner (Appeals) has held that the lower authority is right in including the 'handling charges' and 'transactions charges' as part of the taxable value as additional brokerage for service tax purpose. The learned Advocate who appeared for the appellants took us through the impugned order and stated that the Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the investors and includes the commission or brokerage paid by the stock broker to any sub-broker. The handling charges collected from the investors cannot be called as brokerage or commission. Similarly, the amounts collected towards transaction charges by the appellants also cannot be equated to brokerage or commission. It is seen that the transaction charges collected have been paid to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scrips and certificates and the appellants were charging towards 'handling' of scrips and certificates. The 'handling charges' were collected from certain investors/clients. In respect of speculative transactions, no handling charges were collected from the investors/clients as there was no handling of scrips and certificates. We are convinced that the handling charge is not in the nature of comm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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