9911796707
TMI Blog2018 (3) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... - It is apparent that the services provided by sub-broker to investor was not liable to tax prior to 10/09/2004. The services provided by sub-broker to brokers stand exempted vide N/N. 25/2004-ST for the past period - the demand in so far as it relates to the brokerage received by the appellant in a capacity as sub-broker is set aside. Demand of service tax on income under various heads like, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant pointed out that they are engaged in providing services under the category of stock broker services. A show-cause notice was issued to them alleging that they had not declared/mis-declared total income from brokerage during the year 1995-2000 and 2000-2001 and consequently demand of service tax was raised against them. 3. Ld. CA argued that the brokerage income on which no tax wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of service tax on income shown under various heads of the income in the balance sheet of the appellants, such as penalty charges, insurance charges, NSE transaction charges, SEBI fees and stamp duty, other charges and share transfer fees, etc. Ld. CA claimed that the Commissioner in his order has not given any findings on this issue and is silent. 4. Ld. AR relies on the impugned order. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 992 read with the regulations made thereunder, shall be called as stock-broker. So also there is no dispute that in terms of Section 65(105)(a) of Finance Act, 1994 services provided to any person by a sub-broker or stock broker in connection with the sale or purchase of securities listed on a recognized stock exchange shall be taxable service from the aforesaid date. So also, a sub-broker who is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income under various heads like, penalty charges, insurance charges, NSE transaction charges, SEBI fees and stamp duty, other charges and share transfer fees, etc. are concerned the impugned order does not give any findings. In so far as the second issue is concerned, the impugned order is set aside and the matter is remanded to the Commissioner (Appeals) to decide the issue. 6. In view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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