2018 (7) TMI 1750

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....B.L. Narasimhan (Advocate) & Shri Ayush Agarwal (Advocate) for Appellant Shri Rajeev Ranjan (Addl. Commr.) AR for Respondent ORDER Per: Ashok Jindal The appellant is in appeal against the impugned order wherein demand of service tax of Rs. 5,35,81,461/- alongwith interest has been confirmed and various penalties has also been imposed on them by issuance of show cause notice dated 19.09.2011 fo....

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....iability. Out of that amount of service retained by the 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 ....

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....er submitted that the amount received by the appellant do not qualify as credit cards services as per Section 65(33A) sub Clause (iii) of the Finance Act, 1994. Therefore, no service tax is payable by the appellant. He further also submits that for the earlier period, a show cause notice was issued to the appellant for the same activity and the Larger Bench of this Tribunal in the case of Standard....

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....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....