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Issue ID: 186
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Claim of Exemption Limit in case of sub-stock broker

Date 11 May 2006
Replies1 Reply
Views 1213 Views
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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. (AI Summary)
'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).
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Replied on May 12, 2006
1. "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.
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