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2015 (10) TMI 1578 - BOMBAY HIGH COURT

2015 (10) TMI 1578 - BOMBAY HIGH COURT - 2015 (39) S.T.R. 959 (Bom.) - Demand of Interest – Service Tax liability paid under protest - Whether after payment of entire dues by the acquiring bank, still a demand can be made against the issuing bank is yet to be adjudicated? Held That:- Issue that has been decided by the Tribunal Mumbai so also at Delhi pertains to the period prior to 1-5-2006 - Clarification from Respondent sought whether on a representation made by the Indian Bank’s Association a .....

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ugned in the present petition is a letter demanding payment of interest. It is not in dispute that the petitioner has already paid the Service Tax liability for the period post-1-5-2006. 2. It is the contention of Shri Jetly that, in view of the judgment of the learned CESTAT at Mumbai in the case of Commissioner of Service Tax, Mumbai v. HDFC Bank Ltd., HSBC Bank Ltd. & ICICI Bank Ltd. 2013-TIOL-1363-CESTAT-MUM and the CESTAT at Delhi in the case of M/s. ABN Amro Bank v. CCE, Noida 201 .....

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the period prior to 1-5-2006. At least, prima facie, we find that there is no adjudication with regard to the period after 1-5-2006. 4. Perusal of the communication at page 36 would reveal that a meeting was held between the representatives of the Indian Banks Association and one Mr. M.R.R. Reddy, Addl. Commissioner of Service Tax Mumbai. Perusal thereof would also reveal that entire arrangement of credit card business was explained to Mr. Reddy. It was however suggested by Mr. Reddy that .....

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