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2013 (10) TMI 1447

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....cate, for the Appellant. Shri S. Teli, Deputy Commissioner (AR), for the Respondent. ORDER [Order per : B.S.V. Murthy, Member (T)]. - Since the issue involved lies in a very short compass and could be decided straightaway, we consider it appropriate that the appeal itself is taken up for final decision. Accordingly we waive the requirement of pre-deposit and take up the appeal for final d....

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....msp;We have considered the submissions made by both the sides. We find that the Board in the Circular cited above has made the following observation while communicating Budget- changes of 2009-10. "3.2. Stock-broker Service [Section 65(105)(a)] :- The present definition of a stock-broker [Section 65(101) includes sub-broker as well. A number of cases have been booked in the recent past whe....

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.... purposes, specific exemption notification would be issued at the appropriate time." Therefore after 1-6-2005, there could not have been a demand against the appellant at all. Further we also find that the original authority had made a reference to concerned Assistant Commissioner in Mumbai and he has stated that the reply received from Mumbai was not satisfactory and was not conclusive as rega....