TaxTMI 
TaxTMI 
2008 (6) TMI 185
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....ellant. Shri K.P. Singh, SDR, for the Respondent. [Order per: Chittaranjan Satapathy, Member (T)]. - Heard both sides. The adjudicating Commissioner has confirmed the demand of service tax and education cess amounting to Rs. 51,83,237/- and Rs. 82,509/- respectively on the appellants on the ground that the additional amount collected by the appellants from their clients as "transaction charg....
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....ities Pvt. Ltd. v. Commissioner of Service Tax, Bangalore - 2007 (7) S.T.R. 690 (Tri.-Bang.) in this regard. As regards the credit taken, he states that the same is admissible as it relates to service tax paid on mobile telephone. 3. Shri K. P. Singh, ld. SDR appearing for the Department, strongly opposes the plea for waiver of pre-deposit stating that other stock brokers are paying service tax....
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....unt is neither payable by the clients nor is relatable to the clients' turnover etc. The transaction charge is, therefore, prima facie, not an amount to be paid by the clients of a stock broker. Hence, there is no question of reimbursement of such amount by the clients. We are, prima facie, satisfied that whatever amounts the appellants have received additionally from their clients, are only part ....
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.... dealt with handling charges and has come to the following conclusion: "...........We are convinced that the handling charge is not in the nature of commission or brokerage for purchase of securities. They are incurred in connection with the delivery of scrips. In fine, we hold that the value of taxable services in respect of a stock broker will not include transaction charges and handling char....