Service tax - Show Cause Notices issued to various NSE Members of Association for recovery of Service Tax on Transaction charges of NSE, SEBI fees, DEMAT charges, Stamp Duty - reg.
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Inclusion of Broker Recoveries in Taxable Value: most broker-recovered charges are taxable while pure agent stamp duty and STT exclusions apply. Transaction charges of stock exchanges, demat charges and regulatory fees recovered by brokers are includible in the service tax taxable value as consideration; stamp duty and security transaction tax paid by brokers on behalf of clients while acting as a pure agent are not includible, provided the conditions for exclusion under the Determination of Value Rules are met.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Inclusion of Broker Recoveries in Taxable Value: most broker-recovered charges are taxable while pure agent stamp duty and STT exclusions apply.
Transaction charges of stock exchanges, demat charges and regulatory fees recovered by brokers are includible in the service tax taxable value as consideration; stamp duty and security transaction tax paid by brokers on behalf of clients while acting as a pure agent are not includible, provided the conditions for exclusion under the Determination of Value Rules are met.
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