CESTAT, AHMEDABAD BENCH
Edelweiss Stock Broking Ltd.
Commissioner of Service Tax, Ahmedabad
ORDER NO. S/1195/WZB/Ahd./2012
APPLICATION NO. ST/S/1062 OF 2011
APPEAL NO. ST/465 OF 2011
JUNE 25, 2012
M.V. Ravindran, Judicial Member
This Stay Petition is been filed for waiver of pre-deposit of amounts of Service Tax confirmed by the adjudicating authority and upheld by first appellate authority. The Service Tax has been confirmed by adjudicating authority and upheld by first appellate authority, on the ground that the appellant are liable to discharge Service Tax liability on NSE/BSE transaction charges and SEBI turnover fees.
2. Heard both sides and perused the records.
3. We find that in identical situations, in the case of Shah Investors Home Ltd. v. CCE [Final Order No. A/587/2011-WZB/Ahd., dated 22-3-2011], this Bench has been taking a consistent view that Service Tax is not leviable on such payments received by the assessee.
4. Respectfully following the same, we find that the appellant has made out a case for waiver of pre-deposit of amounts involved. Accordingly, the application for waiver of pre-deposit of amounts involved is allowed and recovery thereof stayed till the disposal of the appeal.