2016 (3) TMI 1053

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....UM, ST/711/11-MUM - A/85981-85989/16/STB<br>Service Tax<br>M V Ravindran, Member (J) And C J Mathew, Member (T) For the Appellant : Shri Sushant Murthy, Adv. & Shri Kevin Shah, CA For the Respondent : Shri A K Goswami, Additional Commissioner (AR) ORDER Per M V Ravindran All these appeals are disposed of by a common order as it is a common issue. 2. Revenue has filed appeals agai....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t period has not rendered any services under the category of Banking and Financial Services. 6. The crux of this matter is the credit cards are used by appellant to customers, who 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 a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....it 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 &#39;merchants / merchant establishments&#39; be considered as &#39;customer&#39; as envisaged in Section 65 (72)(zm) of the Finance Act, 1994 as it stood prior to 1-5-2006? iv) Whether Me....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s enumerated n sub-clauses (i) to (vii) specified in the definition set out in Section 65 (33a); and all these transaction are neither impliedly covered not inherently subsumed within the purview of credit card services defined in Section 65(10) or (12) as part of the BOFS; (b) On point No. (ii) we hold that sub-clause (iii) in Section 65 (33a) is neither intended not expressed to have a ....