TMI Blog2018 (7) TMI 1750X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 invoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e acquiring bank, some amount is transferred to the issuing bank. The case of the Revenue is that the issuing bank receiving certain commission from the acquiring bank, on that amount they are liable to pay service tax under the category of Credit Cards Services under Section 65(33A) read with Section 65 (105)(zzzuu) of Finance Act, 1994. To this effect the audit took place during the period from 2007-2008 and thereafter a show cause notice was issued to demand of service tax from the appellant for the period from May, 2006 to February, 2008 by way of show cause notice dated 19.09.2011. The matter was adjudicated and the demand of service tax was confirmed against the appellant alongwith interest and various penalties were imposed. Agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount in question, in that circumstances, no service tax is payable by the appellant (and the said fact has not been disputed by the learned AR during the course arguments) as held by the Hon ble Allahabad High Court in the case of Commissioner of C. Ex. Lucknow vs. Chotey Lal Radhey Shyam reported at 2018 (8) G.S.T.L. 225 (All.). 7. Moreover, we have gone through the definition as under Section 65(33A) Clause (iii) herein is reproduced below:- By any person, including an issuing bank and an acquiring bank, to any other person in relation to settlement of any amount transacted through such card. 8. On going through the said definition, we find that if the appellant is receiving certain commission in relation to settlement ..... X X X X Extracts X X X X X X X X Extracts X X X X
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