Raja Abhishek For NIRC 2024

@abhishekrajaram

over 1 year ago

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š—–š—˜š—¦š—§š—”š—§ š—”š—²š˜„ š——š—²š—¹š—µš—¶ š—„š˜‚š—¹š—¶š—»š—“ š—¼š—» š—¦š—²š—æš˜ƒš—¶š—°š—² š—§š—®š˜… š—¼š—» š—§š—æš—®š—»š˜€š—®š—°š˜š—¶š—¼š—» š—®š—»š—± š——š—²š—¹š—®š˜†š—²š—± š—£š—®š˜†š—ŗš—²š—»š˜ š—–š—µš—®š—æš—“š—²š˜€ šŸ“¢ 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."

šŸ” š—™š—®š—°š˜š˜€: š—–š—¼š—ŗš—½š—®š—»š˜†: M/s Almondz Global Securities Ltd., a registered member of Bombay Stock Exchange and National Stock Exchange, engaged in trading of securities.

š—œš˜€š˜€š˜‚š—² : 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—£š—æš—¼š—°š—²š—²š—±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.

āš–ļø š—š˜‚š—±š—“š—²š—ŗš—²š—»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.

š—–š—®š˜€š—² š—œš—»š—³š—¼š—æš—ŗš—®š˜š—¶š—¼š—»: š—§š—¶š˜š—¹š—²: M/s Almondz Global Securities Ltd. vs. The Commissioner of Central Excise (Appeals), Delhi-IV š—¢š—æš—±š—²š—æ š——š—®š˜š—²: 29 February 2024 š—¦š—²š—æš˜ƒš—¶š—°š—² š—§š—®š˜… š—”š—½š—½š—²š—®š—¹ š—”š—¼. 60244 of 2013

šŸ“œ This ruling clarifies that charges related to transaction delays and non-service-related receipts are not subject to service tax.

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