Taxable Service

CESTAT, Bangalore Bench

Excel Fin Cap Ltd.

v.

Commissioner of Central Excise, Hyderabad

DR. S.L. PEERAN, JUDICIAL MEMBER

AND T.K. JAYARAMAN, TECHNICAL MEMBER

FINAL ORDER NO. 945 OF 2007

SERVICE TAX APPEAL NO. 77 OF 2007

August 6, 2007

Section 65(105), read with section 67 of the Finance Act, 1994 - Taxable service - Adjudicating Authority dropped service tax demand raised on assessee stock broker on handling and terminal charges collected by it - In revision Commissioner held that such charges were part of brokerage as per section 65(105)(a) and were liable for service tax - Whether in view of decision of Tribunal in case of First Securities (P.) Ltd. v. CCE [Final Order No. 759 of 2007, dated 27-6-2007] impugned order of Commissioner was to be set aside - Held, yes [Para 4]