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2012 (10) TMI 635

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....llant. Shri R.K. Gupta, AR, for the Respondent [Order per : Mathew John, Member (T)].   After hearing both sides we find that this case involves an issue which is already decided by the Tribunal in favour of the appellants. So we consider we waived the requirement of pre-deposit of dues and proceed to decide the appeal itself. 2. The Appellants are engaged in providing servic....

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....xation. Further they submit that the charges are not for services rendered by the appellants and the appellants are only collecting the amount and remitting it to the MCX. They submit that there is no case for charging service tax on this amount from them because it is not a value of service rendered by them. They rely on the following decisions of the Tribunal in the case of charges levied by Sto....

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....harges collected by them from their customers. 4. We have considered arguments on both sides. We note that in para 9 of the decision in Vijay Sharma and Co (supra), the Tribunal observed as under : "9. It is true that there is no provision under Finance Act, 1994 for double taxation. The scheme of service tax law suggest that it is a single point tax law without being a multiple ta....

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....basic rule of Cenvat credit and service of a sub-broker may be input service provided for a stock-broker if there is integrity between the services. Therefore, tax paid by a sub-broker may not be denied to be set off against ultimate service tax liability of the stock broker if the stock broker is made liable to service tax for the self same transaction. Such set off depends on the facts and circu....