Aditya Birla Money Mart Ltd vs Commissioner Of Service Tax, Mumbai

(Arising out Order-in-Appeal No. SB (69) 69/STC/2010 dated 14.06.2010 passed by the Commissioner of Central Excise (Appeals), Mumbai I)

For approval and signature: Honble Mr. M.V. Ravindran, Member (Judicial) Honble Mr. P.S. Pruthi, Member (Technical)

1. Whether Press Reporters may be allowed to see No 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 No CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?

3. Whether Their Lordships wish to see the fair copy Seen of the Order?

4. Whether Order is to be circulated to the Departmental Yes authorities?

Aditya Birla Money Mart Ltd. Appellant

Vs.

Commissioner of Service tax, Mumbai Respondent

Appearance:

Shri S.S. Gupta, CA for the appellant Shri R.K. Das, DC (AR) for the respondent

CORAM:

Honble Mr. M.V. Ravindran, Member (Judicial) Honble Mr. P.S. Pruthi, Member (Technical)

Date of hearing : 26/05/2015 Date of decision : 26/05/2015

O R D E R No:..

Per: M.V. Ravindran:

These two appeals are disposed of by a common order as they are arising of the same assessee and raise same issue.

2. Heard both sides and perused the record.

3. The issue involved in this case is regarding the taxability of an amount received by the appellant as a commission in respect of sales of securities in the form of RBI bonds and receiving brokerage for the service as per Government of India Notification. The period involved in this case is September 2002 to August 2003.

4. Ld. CA was correct in bringing to our notice that identical issue has been decided by this bench in the case of HDFC Bank Ltd. 2015 (37) STR 779 and Enam Securities Pvt. Ltd. 2015 (37) STR 794.

5. On a deeper perusal of the said judgment of the Tribunal and facts involved in hand, we find it so. Since the issue is now settled by the direct judgment of the Tribunal, we find the impugned orders are liable to be set aside and we do so.

6. The impugned orders are set aside and the appeals are allowed.

(Operative part pronounced in Court)

(P.S. Pruthi) (M.V. Ravindran) Member (Technical) Member (Judicial)

//SR

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