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2018 (7) TMI 1750 - AT - Service TaxCredit Cards Services - issuing bank receiving certain commission from the acquiring bank on swiping of credit cards - case of appellant is that the acquiring bank has paid service tax on whole of the amount and out of the said amount some amount has been shared with the appellant - Extended period of limitation - Held that:- It is a fact on record that the acquiring bank is discharging his service tax liability on the amount in question, in that circumstances, no service tax is payable by the appellant and the said fact has also not been disputed by the learned AR during the course of arguments. From the definition of Credit Card Services, it is found that if the appellant is receiving certain commission in relation to settlement of any amount, then and only then the said activity is covered under credit card services - Admittedly, the appellant is not engaged in any activity of settlement of the amount. In fact, the appellant is not the settlement agency and is acting only as issuing bank - the amount received by the appellant does not qualify as the ‘credit cards services’. Extended period of limitation - Held that:- The activity of the appellant was known to the Department much earlier and a show cause notice for the earlier period was also issued to them - extended period is not invocable. Appeal allowed - decided in favor of appellant.
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