2026 (8) TMI 97

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....ring the period from 01.04.2007 to 31.03.2012, the appellant has received an amount of Rs.50,04,153/- from its clients in the name of turnover/ transaction charges, in addition to the brokerage received during the said period. Though the appellant had paid service tax on the brokerage charges, but they have failed to include the aforesaid amount (turnover/ transaction charges) in the taxable value. The appellant was therefore, appeared to have short paid service tax amounting to Rs.5,53,514/- which was proposed to be recovered along with the appropriate interest at the applicable rates and the proportionate penalties vide show cause notice bearing no.192/2012 dated 11.10.2012. The proposal was initially confirmed vide Order-in-Original bear....

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....ich has confirmed the demand for the extended period is, therefore, liable to be set aside. While relying upon these decisions, M/s. Almondz Global Securities Ltd. vs. CCE (Appeals), Faridabad, final order no. 54522/2024 dated 29.02.2024; Alcobex Metal vs. CCE, reported as 2003 (4) SCC 630 (SC); Infinity Infotech Parks Ltd. vs. UOI reported as 2014 (36) STR 37(Cal.) and Scorodite Stainless India Pvt. Ltd. vs. CCE & ST, Jaipur-II, final order no. 58798/2017 dated 01.12.2017. The appeal is prayed to be dismissed. 5. While rebutting these submissions, it is submitted that there was clarification bearing no. B-1/4/2006-TRU dated 19.04.2006 stipulating that the value for charging service tax in case of stockbrokers shall be the gross amount r....

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.... amount is not includible in the taxable value." 8. The said decision has adjudicated the issue involved regarding the levy of service tax on the turnover/ transaction charges in favour of the Revenue. Thus, it stands clear, admitted to, that the appellant was liable to pay service tax viz-a-viz., turnover/ transaction charges also. The tax paid only on brokerage amount is the short paid service tax. 9. The confirmation of the demand is not objected on merits but on the ground of limitation. Taking the plea that there was the confusion viz-a-viz., taxability of turnover/ transaction charges during the relevant period but as referred by learned departmental representative, the clarification Circular of 19.04.2006 itself had clarified t....