Custom, Excise & Service Tax Tribunal
M/S.R.S.Gupta & Co vs Cce, Jaipur on 24 August, 2011
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL,
WEST BLOCK NO.II, R.K. PURAM, NEW DELHI-110066.
DIVISION BENCH
Appeal No.ST/259/2007-ST
(Arising out of Order-in-Appeal No.68-69(GRM)ST/JPR-2007 dt.21.3.07 passed by the Commissioner of Central Excise (A), Jaipur)
Date of Hearing/Decision: 24.08.2011
For approval and signature:
Honble Mrs.Archana Wadhawa, Member (Judicial)
Honble Mr.Mathew John, Member (Technical)
1
Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
2
Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3
Whether Their Lordships wish to see the fair copy of the Order?
4
Whether Order is to be circulated to the Departmental authorities?
M/s.R.S.Gupta & Co. Appellant
Vs.
CCE, Jaipur Respondent
Present for the Appellant: Ms.Neha Gulati, proxy Counsel
Present for the Respondent: Shri Sunil Kumar, SDR
Coram: Honble Mrs.Archana Wadhawa, Member (Judicial)
Honble Mr.Mathew John, Member (Technical)
ORDER NO._______________
PER: ARCHANA WADHWA
After hearing both sides, it is seen that service tax of Rs.77,682/- stands confirmed against the appellants for the period 14.5.2003 to 31.12.2003 by treating the services being provided by them as sub broker of M/s.JSEL Securities Ltd., a share broker. The learned Advocate submitted as appellant company was covered under the definition of stock broker services, only after the amendment form 10.9.2004 and inasmuch as the period involved in the present appeal is prior to the said date, no tax liability can be fastened against the appellant
2. We find that the issue is no more res integra stands settled by the Larger Bench of the Tribunal in the case of Vijay Sharma & Co. vs. CCE, Chandigarh reported in 2010 (20) STR 309 (Tri.-LB) wherein it is held that the services provided by the sub broker in connection with the sale or purchase of securities listed in recognised stock exchange shall be taxable service with effect from 10.9.2004, when the definition of the stock broker, as per section 65 (101) of Finance Act, 1994 was amended. Inasmuch as the issue is settled, we aside the impugned order and allow the appeal with consequential relief to the appellants.
(Pronounced in the open court) (ARCHANA WADHAWA) MEMBER (JUDICIAL) (MATHEW JOHN) MEMBER (TECHNICAL) mk 3