
Raja Abhishek For NIRC 2024
over 1 year ago
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ššš¦š§šš§ š”š²š šš²š¹šµš¶ š„šš¹š¶š»š“ š¼š» š¦š²šæšš¶š°š² š§š®š š¼š» š§šæš®š»šš®š°šš¶š¼š» š®š»š± šš²š¹š®šš²š± š£š®ššŗš²š»š ššµš®šæš“š²š š¢ The Tribunal ruled:
"The payments made by the appellant to stock exchanges on behalf of their clients for delayed transactions cannot be considered as consideration for services rendered, and thus are not subject to service tax."
š šš®š°šš: šš¼šŗš½š®š»š: M/s Almondz Global Securities Ltd., a registered member of Bombay Stock Exchange and National Stock Exchange, engaged in trading of securities.
ššššš² : A show-cause notice dated 19.04.2010 was issued, demanding service tax on transaction charges and delayed payment charges (DPC) received from clients, along with interest and penalties, for not discharging service tax liability.
š£šæš¼š°š²š²š±š¶š»š“š: The appellant contended that the transaction charges were collected from clients and remitted to the stock exchanges, and therefore not taxable. Similarly, delayed payment charges were imposed on clients who delayed payments for their transactions.
āļø ššš±š“š²šŗš²š»š: The Tribunal held that the transaction charges collected were not related to a taxable service provided by the appellant but were simply passed on to the stock exchange.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s Almondz Global Securities Ltd. vs. The Commissioner of Central Excise (Appeals), Delhi-IV š¢šæš±š²šæ šš®šš²: 29 February 2024 š¦š²šæšš¶š°š² š§š®š šš½š½š²š®š¹ š”š¼. 60244 of 2013
š This ruling clarifies that charges related to transaction delays and non-service-related receipts are not subject to service tax.
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