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<h1>Appellate Tribunal Grants Stay on Service Tax for Stock Exchange Charges</h1> The Appellate Tribunal CESTAT, Ahmedabad granted a stay on the recovery of service tax liability on NSE/BSE transaction charges and Demat charges until ... Stay of recovery pending disposal of appeal - waiver of pre-deposit of amounts confirmed by adjudicating and first appellate authorities - service tax liability on NSE/BSE transaction charges and Demat charges - reliance on earlier tribunal precedents and remand to first appellate authorityStay of recovery pending disposal of appeal - waiver of pre-deposit - service tax liability on NSE/BSE transaction charges and Demat charges - precedential treatment and remand - Grant of stay of recovery and waiver of pre-deposit of amounts confirmed by the adjudicating and first appellate authorities pending disposal of the appeals. - HELD THAT: - The Tribunal noted that service tax liability had been confirmed against the appellant in respect of NSE/BSE transaction charges and Demat charges. Having regard to earlier decisions of the Bench, including a decision in which unconditional stay was granted and the matter remitted to the first appellate authority, and other Tribunal orders which prima facie cover the issue, the Bench found it appropriate to protect the appellant from recovery pending adjudication of the appeals. On that basis the stay petitions were allowed and recovery stayed until the appeals are finally disposed of. [Paras 2, 3]Stay petitions allowed and recovery stayed till disposal of the appeals.Final Conclusion: The Tribunal allowed the stay petitions and stayed recovery of the amounts confirmed by the lower authorities in respect of service tax on NSE/BSE transaction charges and Demat charges, until the appeals are finally decided. The Appellate Tribunal CESTAT, Ahmedabad granted stay on recovery of service tax liability on NSE/BSE transaction charges and Demat charges until disposal of appeals. The decision was based on previous Tribunal rulings. (2011 (11) TMI 418 - CESTAT, AHMEDABAD)
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