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TMI Blog2017 (4) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... not remitted to the exchange and is retained by the appellant, it is apparent that the same will be an additional consideration accruing to the appellant towards service rendered to the clients. The name of such consideration becomes immaterial as the same does not represent the actual transaction fee - appeal allowed by way of remand. - Service Tax Appeal No.1778/2010 (DB) - ST/A/53078/2014-CU[DB - Dated:- 25-4-2017 - Mr. (Dr.) Satish Chandra, President And Mr. B. Ravichandran, Member (Technical) Shri S. Sunil, Advocate for the appellant Ms. Neha Garg, DR for the respondent ORDER Per: B. Ravichandran This appeal is against order dated 23.08.2010 of Commissioner of Central Excise (Appeals), Jaipur-I. The appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Board vide circular dated 5.8.2008. The transaction charges paid to the commodity exchanges were not taxable under any category of service prior to 16.05.2008. The demand was also contested on the question of time bar. 3. Ld. AR reiterated the findings recorded in the impugned order. She submitted that the appellants have collected transaction fee from their clients. The clients are not legally bound to pay any transaction fee to the commodity exchanges. It is the responsibility of the appellant to pay such transaction fee. As such, any amount collected by the appellant from their clients in whatever name should be included in the gross value for tax liability. The appellants provided service of forward contract service . The cli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of First Securities Pvt. Ltd. 2007 (7) STR 690 (Tribunal-Bang.). 7. It is apparent that the appellant collected transaction fees specifically showing the same in their bills issued to the clients. However, the fact which is to be supported by the documentary evidence is that the said transaction fee collected by the client is paid to the exchange on actual basis without any retention by the appellant. This aspect requires verification. The ratio laid down by the Tribunal in earlier cases, as relied upon by the appellant, can be applied on satisfactory verification of the factual details only. In this connection, we note, admittedly, there is a provision of payment of lump sum transaction fee of ₹ 2 lakhs per month which will ..... X X X X Extracts X X X X X X X X Extracts X X X X
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