2013 (2) TMI 215

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ORDER PER: D.N.PANDA              Ld. Counsel submits that show cause notice brought the appellant to the fold of business auxiliary service provider while it acted as a sub-broker to the main stock broker M/s. Bharat Bhushan Equity Traders Ltd. and says that his submission is supported by Board Circular No. 334/13/2009-TRU, da....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....by the stock broker, there cannot be discrimination to the present appellant and service tax should not be levied for the self same service involved in both the cases. 2. Ld. DR on the other hand supports the order of both the authorities below. 3. Heard both sides and also perused the records. 4.Admittedly the appellant is not a sub-broker recognised under the Security Exchange Board of India ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... sub-broker service to the said stock broker as is apparent from para 3 of the Order in Original. Had the appellant been a sub-broker, its case would have been merited for consideration. But that is not the case. Once the appellant is out of purview of section 65 (101), its activity was rightly covered by the service found by Revenue because there was a taxable service provided which unambiguously....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... case in the present appeal. Therefore this appellant is out of consideration of the Boards communication. 7. Aforesaid discussions establish that there was confusion in understanding the law by the assessee as to the role of sub-broker and taxability of the service provided by the appellant. Accordingly, in all fairness the appellant shall only be liable to service tax for the normal period wit....