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Commr. of ST Mumbai, M/s HDFC Bank Ltd, M/s ICICI Bank Ltd, Standard Chartered Bank, IDBI Bank Ltd Versus M/s HDFC, ICICI Bank Ltd Commr of Service Tax Mumbai

2016 (3) TMI 1053 - CESTAT MUMBAI

Liability of Service tax - Banking and Financial Service during the period September, 2002 to August, 2006 - Credit cards are used by appellant to customers, who use the same various outlets and the said payments are made by the bank to the outlet after retaining the small amount - Held that:- by following the ratio as settled by the larger bank in the case of Standard Chartered Bank Vs CST [2015 (8) TMI 686 - CESTAT DELHI (LB)], the service tax liability for the activity indicated in these appe .....

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Revenue has filed appeals against the Orders-in-Original No. 01/STC/SJS/07-08 dated 22/05/2007, 02/STC/SJS/07-08 dated 23.05.2007, 03/STC/SJS/07-08 dated 23/05/2007. 3. Assessee has filed appeals to Order-in-Original No. 03/STC/SJS/07-08 dated 22-05-2007, 02/STC/SJ5/07-08 dated 23-05-2007, 51/BR-47/ST/TH-I/2009 dated 15/12/2009, 47/BR-47/TH-I/2011 dated 20/09/2011. 4. Heard both sides and perused the records. 5. The issue that falls for consideration in these cases is whether the appellant asse .....

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o use the same various outlets. The said payments are made by the bank to the outlet after retaining the small amount. It is the case of the revenue that the amount retained by the assessee banks, has to be considered as amount charged towards services rendered by them to the credit card holders. 7. Both sides fairly submit that this issue was referred to the larger bench by the tribunal. The reference to the larger bench was as under. i) Whether the introduction of the new, comprehensive defini .....

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e 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? iii) Can 'merchants / merchant establishments' be considered as 'customer' as envisaged in Section 65 (72)(zm) of the Finance Act, 1994 as it stood prior to 1-5-2006? iv) Whether Merchant Establishment Discount can be said to be received "in relation t .....

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