2018 (9) TMI 579

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....Shri. S.N. Gohil (A.R.) ORDER Per: Ramesh Nair This issue involved in the present case is that: A- Whether the Service Provided by the Sub-Broker of main Stock-broker is branded Service and not eligible for small scale exemption up to aggregate gross value of Rs. 4 Lakhs in the financial year. B- Whether the Service provided by Sub-broker of Stock-Broker is per se liable to Service ....

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.... Sub-broker has been excluded from the perview of the Service Tax. It was also clarified that even the Sub-broker should not be charged to Service Tax as commission agent under Business Auxiliary Service. He placed reliance on the following judgment's: • PREMIER INVESTMENTS Vs. CCE & ST, MANGALORE, 2016 (46) STR 591 (Rri.-Bang.) • AMH TRADE SERVICE Vs. CCE, CUS & ST. CALI....

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....ervice of the appellant is a branded service as the appellant being a Sub-broker using the brand of main Stock-broker. We find that the appellant is acting as a commission agent on behalf of the Stock-broker, the entire deal of Stock trading is between Stock broker and ultimate client. In this fact it cannot be said that the appellant's service is a branded service. Moreover, the appellant is prov....