ORDER
S.L. Peeran, Member (J)
1. The Revenue is aggrieved with the Commissioner (Appeals)’s order, setting aside the demands made in OIO No. 3/06. The assessee was providing Stock Broker services besides services as Registrar and Share Transfer Agent to various companies from 07/2003 to 12/2004. Revenue proceeded to cover these services under ‘Business Auxiliary Services’. The Commissioner (Appeals), after due consideration, noted that the assessee was already paying Service Tax on Stock Broker services and again directing them under the category of Business Auxiliary Services does not arise, as there was no promotion of sales or marketing of goods and the assessee was only carrying on the Stock Broker business. He does not come within the definition of Business Auxiliary Services. Revenue is challenging this order and prays for stay of the operation of the order.
2. We have heard both sides.
3. Prime facie, the order is correct. The appellants are already covered under the heading Stock Broker Services. For the purpose of bringing them under the category of Business Auxiliary Services, as per the definition, they should promote marketing or sale of goods produced. There is no such sale or marketing for promotion of goods. Therefore, prima facie, the order is correct. There is no merit in the stay application and the same is rejected.
(Pronounced and dictated in open Court)