Claim of Exemption Limit in case of sub-stock broker

[Guest]

'X' is sub-stock broker not holding any brand name/mark but,the main broker(i.e stock broker) of which 'X' is a sub-stock broker holds TradeMark{like 'RST' DEALING IN SECURITIES SALES N PURCHASES}.Question is whether sub-stock broker is entitled to claim exemption of Rs.4Lacs (as sub agent of main broker holding Trademark).

[Guest]

"X" a sub borker engaged in the activity of broking under the Trademark of main broker shall not be entitled to avail the exemption of Rs. 4 Lakhs under notification no. 6/2005.

AI Summary

Exemption claim denied for sub brokers operating under a principal broker's trademark; independent brand ownership required. A sub stock broker operating under the principal broker's trademark and lacking independent brand identity is not entitled to the exemption threshold available to independent brokers; entitlement turns on independent ownership and use of the mark and the sub broker's functional status relative to the principal broker under the applicable service tax notification.