Service tax element in brokerage must be excluded before computation, and Tribunal precedent binds other Benches.

Brokerage recorded as inclusive of service tax had to be reduced by the tax element before computing further service tax, as the tax component could not be taxed again. The Tribunal also rejected the Revenue's objection on precedent, holding that an earlier Tribunal decision carries precedent value and is binding on parties and Benches. On that basis, the exclusion of the service tax element was upheld and the Revenue's challenge failed.

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Issues: Whether the element of service tax included in the brokerage amount was required to be excluded before computing service tax, and whether a decision of one Bench of the Tribunal was binding on other parties and Benches.

Analysis: The brokerage was shown in the relevant documents as inclusive of service tax, and the Commissioner (Appeals) had followed an earlier Tribunal decision holding that the tax element had to be excluded before computation. The Tribunal rejected the Revenue's contention that a decision rendered by another Bench was not binding, and affirmed that a Tribunal decision has precedent value and binds all parties.

Conclusion: The exclusion of the service tax element before computation was upheld, and the Revenue's appeal failed.

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