9911796707
TMI Blog2017 (8) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... luded in the gross value. Further, it has also not produced Circular or Instructions issued by the NCEDX with regard to the application of the stock broker to collect a specified percentage as transaction charges on their credit value from the clients and pass the same to the respective stock exchanges - collection of transaction charges should form part of the gross value under Section 67 ibid fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal is directed against the impugned order dated 31.05.2013 passed by the Commissioner of Customs and Central Excise (Appeals-I), Jaipur. 2. Brief facts of the case are that the appellant is a service provider, engaged in providing Forward Contract Service, for which it is registered with the Service Tax Department. During the course of audit, it was observed by the Service Tax Departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the same from its client had deposited the said charges with the Commodity Exchange, it cannot be said that Service Tax is liable to be paid on such charges by the appellant. He further submits that the proceedings initiated in this case is barred by limitation of time, inasmuch as, the period of dispute is from 01.04.2005 to 31.08.2006; whereas, the show cause notice was issued by the Departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Heard both sides and perused the records. 6. On perusal of the impugned order, we find that the appellant has not produced any plausible evidence to show that the transaction charges cannot be included in the gross value. Further, it has also not produced Circular or Instructions issued by the NCEDX with regard to the application of the stock broker to collect a specified percentage as trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the show cause notice should have been issued within one year from the relevant date, seeking confirmation of the adjudged demand. In the present case, since the show cause notice was issued on 28.01.2009 for recovery of Service Tax demand from 01.04.2005 to 31.08.2006, we are of the view that the same is clearly barred by limitation of time inasmuch as, there is no element of suppression, mis-s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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