TMI Blog2014 (12) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... payment card service" vide section 65 (33a) read with section 65 (105)(zzzw) by the Finance Act, 2006, is substantive and seeks to levy all the transactions covered by use of Credit/Debit/Charge Card or is in continuation of the levy under Section 65 (10) or (12), as the case may be, as held in the case of ABN Amro decision in so far as credit card services are concerned? Whether the sub-clause (iii) in the definition of taxable service viz. "credit card, debit card, charge card or other payment card service" in section 65 (33a) can be said to be applicable retrospectively, i.e. from 16 July 2001 when section 65 (72) (zm) became effective? Can ‘merchants / merchant establishments' be considered as ‘customer' as envisaged in Section 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ank Ltd. and others in appeal no. ST/143 to 145/07 and Standard Chartered Bank vs. Commissioner of Central Excise in appeal no. ST/117/10, wherein vide order dated 16.08.2013, after observing in detail, the issue involved, the Bench being prima facie of the view (of which I was also a Member) that when Credit Card Services were brought under the tax net in 2001, what was brought under the levy was the service rendered by the issuing bank to the credit card holder. Subsequently, in 2006, the coverage of credit card services was expanded to bring into tax net the transactions/services between Merchant Card Association and Acquiring Bank, Acquiring Bank and Credit Card Association and Credit Card Association and Issuing Bank. In addition, othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pression in relation to qualifies only the credit card services and not the customer who is the service recipient nor the service provider, the issuing bank. Thus only the scope of credit card services is expanded by the said term. The credit card services comprises of a number of services such as extending credit for the purchase of goods and services, withdrawal of cash up to permissible limits, payment of utility bills, payments for travel, foreign exchange transactions and so on. All such services for which credit is given by the issuing bank would get covered under the levy. However, it does not, in any way, alter the scope of service provider who is the issuing bank nor the service recipient who is the card holder. In our cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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